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HomeMy WebLinkAboutOrdinance 4813 ORDINANCE NO. 4813 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1734, PARADISE POINT, LOCATED WEST OF CROSSOVER, SOUTH OF JOYCE BOULEVARD, CONTAINING APPROXIMATELY 1 .55 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From RMF-24, Residential Multi-Family, 24 units per acre, to R-PZD 05- 1734 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2 : That the change in zoning classification is based upon the approved master development plan, development standards, and conditions of approval as submitted, determined appropriate and approved by the City Council. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 3`d day of January, 2006. TR Off6 pp'`rG APPROV • ; FAYETTEVILLEE. By: . = DAN COODY, Mayor ATTEST: By. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SO DRA SMITH, City Clerk Doe ID : 009660810002 Tvoe : REL Recorded : 02/ 15/2006 at 11 : 41 : 56 AM Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton County . AR Bette Stemos Circuit Clerk F11e2006-00006410 EXHIBIT "A" MDP R-PZD 05-1734 LOTS 1 AND 2 OF FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 THENCE NO2025'36"E 184.24 FEET; THENCE S88'07129"E 10.49 FEET; THENCE NO2 11 '58"E 4.23 FEET; THENCE S87 38'29"E 55 .34 FEET; THENCE S233810611E 99. 87 FEET; THENCE S86 00'07"E 248.30 FEET TO THE WEST RIGHT-OF-WAY OF ARKANSAS HIGHWAY 265 ; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES : THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93 FOOT RADIUS AND A 5105310311W 134.55 FOOT CHORD; THENCE S15014'01 "W 122.74 FEET; THENCE 45. 11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175.73 FOOT RADIUS AND A S13 38'43 "W 45 . 10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHT-OF WAY N86 33'20"W 40.99 FEET; THENCE N2847'51 "W 234.05 FEET; THENCE N85055123 11W 139.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .55 ACRES, MORE OR LESS . Washington County, AR I certify this instrument was filed on 02/15/2006 11 :41 :56 AM and recorded in Real Estate File Number 2008-00008410 Bette Stamps - Circuit C e by //3 / dG City of Fayetteville zf (f Staff Review Form City Council Agenda Items �? p,7 o5a73Y or /1 Contracts Para disc- %array 20-Dec-05 City Council Meeting Date Jeremy Pate b� Planning Operations Submitted By Division Department Action Required: MDP R-PZD 05- 1734: (Paradise Point, 177): Submitted by H2 Engineering, Inc. for property located west of Crossover, south of Joyce Boulevard. The property is zoned RMF-24, Residential Multi-Family, 24 units per acre, and contains approximately 1 .55 acres. The request is to approve a Master Development Plan - Residential Planned Zoning District with 12,065 s.f. of retail space, 12 residential units, and 55 parking spaces. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Departmei t erector Date Original Contract Date: n/a Original Contract Number: n/a / 0 - Z - OJ city Attorye Received in City Clerk's Office � �EQ Finahce a d Internal Service Director Date Received in Mayor's Office EN Mayor Date Comments: /��Y' en �/it .St.�Oir � �Qclins /d �aO�R3 City Council Meeting of December 20, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: December O1 , 2005 Subject: Residential Planned Zoning District for Paradise Point (R-PZD 05- 1734) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for Paradise Point, based on the Master Development Plan, development standards, statement of commitments, and detailed large scale development plans submitted. This action will establish a unique zoning district for a multi-use project on approximately 1 .55 acres located east of Crossover Road (Hwy 265) and south of Joyce Boulevard. BACKGROUND The subject property consists of approximately 1 .55 acres located west of Crossover Road and the UAMS Campus. It is currently zoned RMF-24 and surrounded by a golf course to the west and south. The applicant requests a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district. The proposed, self-described "New Orleans" style building will be two stories with 11 residential units on the second floor and one residential unit with 12,065 square feet of retail/office retail space on the first floor. DISCUSSION The Planning Commission voted 9-0-0 in favor of this request on November 28, 2005. A Planned Zoning District requires City Council approval as it includes zoning, land use, and development approval. Recommended conditions were amended and approved by the Planning Commission and are reflected in the attached staff report. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1734, PARADISE POINT, LOCATED WEST OF CROSSOVER, SOUTH OF JOYCE BOULEVARD, CONTAINING APPROXIMATELY 1 .55 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. BE IT ORDAINED BY THE CITY COUNCIL'" 'OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classificationof�Ilowing describ roperty is hereby changed as follows: From RMF-24, Residential Multi-Family, 24 units per acre, to R-PZD 05-1734 as shown in Exhibit "A" attached hereto ands ade a part her 6` Section 2. That the chan\ -, in z �class�a'tion is based upon the g .. g approved master development plan, �devepment ndards, and conditions of approval as submitted�et re tuned appropriate and approved by the City Council. Section 3.�That t� ordinance shallvtake effect and be in full force at such time as all of the requirem ents of the.mast development plan have been met. �- Secfio� n 4. That the official zoning map of the City of Fayetteville, Arkansas, is hGer-e-�by amende\reflect the'zoning change provided in Section 1 above. y PASSED AND APPROVED this day of , 2005. APPROVED: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A" MDP R-PZD 05-1734 LOTS 1 AND 2 OF FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23 , CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTWEST CORNER OF SAID LOT 1 THENCE NO2025'36"E 184.24 FEET; THENCE S88007'29"E 10.49 FEET; THENCE N0201 1 '58"E 4.23 FEET; THENCE S87038'29"E 55 .34 FEET; t THENCE S23038'06"E 99.87 FEET; THENCE S86000'07"E 248.30 FEET TO THE WEST RIGHT-OF-WAY; OF ARKANSAS HIGHWAY 265; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES : THENCE 134.67 FEET ALONG A CURVE TO'THE RIGHT HAVING A 914.93 FOOT RADIUS AND A S 10053103"W 134.55 FOOT CHORD; THENCE S15° 14'01 "W 122.74 FEET;: ` THENCE 45. 11 FEET ALONG A CURVEUTO THE LEFT*I-IA*VING A 1175.73 FOOT RADIUS AND A S 13°38'43 "W 45. 10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHTk OF.?WA�1'&8603'20"W 40.99 FEET; THENCE N28047'51 "W234 053FEET; ' THENCE N85055'23"W 139.87�FEET TO THE POINT OF BEGINNING, CONTAINING 1 .55 ACRES, MORE OR LESS!, *.,. Taye LZ I i PC Meeting of November 28, 2005 NSAS THE CITY OF FAYE "FTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November 21 , 2005 Updated December 2, 2005 R-PZD 05-1734: Planned Zoning District (PARADISE POINT, 177): Submitted by H2 ENGINEERING, INC. for property located at W OF CROSSOVER, S OF JOYCE BLVD. The property is zoned RMF-24, Residential Multi-Family — 24 units per acre, and contains approximately 1 .55 acres. The request is to approve a Residential Planned Zoning District with 12,065 s.f. of retail space, 12 residential units (24 bedrooms) and 55 parking spaces proposed. Property Owner: KIRK ELSASS Planner: SUZANNE MORGAN Findings: Property Description: The subject property consists of approximately 1 .55 acres located west of Crossover Road and the UAMS Campus. It is currently zoned RMF-24 and surrounded by a golf course to the west and south. Proposal: The applicant requests a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district. The proposed New Orleans style building will be two stories with 1 I residential units on the second floor and one residential unit with 12,065 square feet of retail/office retail space on the first floor. Surrounding Land Use/Zoning: Direction Land Use Zoning North UAMS Campus R-O, C- 1 South Golf Course RMF-24 East Vacant R-O West Golf Course RMF-24 K:IReports120051PC Reports)11-28-0518-PZD 05-1734 (Paradise Poinl) CCFinaldo The following bulk and area regulations are proposed by the applicant: (A) Proposed Uses. Permitted uses Use Unit 1 City-wide uses by right Use Unit 2 City-wide uses by conditional use permit Use Unit 5 Government Facilities Use Unit 12 Offices, studios, and related services Use Unit 15 Neighborhood Shopping Goods Use Unit 16 Shopping Goods Use Unit 17 Trades and Services UseUnit 24 Home occupations Use Unit 25 Professional Offices Use Unit 26 Multi-family Dwellings Conditional Uses Unit 2 City-wide uses by conditional use permit Use Unit 13 Eating Places Use Unit 36 Wireless Communication Facilities (B) Density. 11 Units per acre 7.7 (C) Bulk and area regulations. Lot minimum width 40 feet 11 Lot area minimum 1 .55 acres 11 Land area Rer dwelling unit 5,625 square feet maximum (E) Setback requirements. Front Building Setbacks: 50' . Rear Building Setback: 3 ' Side Building Setback: 3 ' (F) Height. 35 ' maximum height (G) Building area. 19.9% of site. Water & Sewer: Water and sewer lines are being extended to serve the development. Access: The applicant has proposed access to the development from Hwy 265 and an access easement through the U of A Medical Sciences campus to the north. At this time, the applicant K.-Weports120051PC Reporisll f-28-0518-PZD 05-1734 (Pmadtse Point)_CCFinal.doc has not received approval of the proposed access to the north. Staff recommends that should this access easement not be obtained by the developer prior to building permit consideration, that the project be reconsidered by the Planning Commission to determine if with one access to Crossover Road/Hwy 265 that safe and adequate means for traffic is provided. Adjacent Master Street Plan Streets: Hwy 265 (Crossover Road) — Principal Arterial Street Improvements: Staff recommends street improvements on Hwy 265 to include the construction of a sidewalk. Parks: Park fees are due for 12 multi-family dwellings. Tree Preservation: Existing: 23% Preserved: 13% Required: 23% Mitigation will be required to replace 6014 square feet of canopy. The applicant has chosen to do a combination of on-site planting and a deposit into the Tree Escrow Account. Recommendation: Staff recommends forwarding the Master Development Plan — Planned Zoning District for Paradise Point (R-PZD 05- 1734), to the City Council for approval with the following conditions: The Planning Commission voted 8-1-0 to approve an amendment to Condition #17 with Commissioner Anthes voting no. The Planning Commission voted 9-0-0 for approval of the rezoning and development approval with the following amended conditions: Conditions of Approval: 1 . Planning Commission determination of street improvements. Staff recommends construction of a 6 ' sidewalk along Hwy 265, adjacent to the Master Street Plan right- of-way. 2. Planning Commission determination of commercial design standards. Staff finds that the proposed elevations are compliant with Commercial Design Standards and the intent of the architectural design criteria listed within the Master Development Plan Project Booklet. The Subdivision Committee found in favor of the proposed elevations and supported the modification of the building material of the western elevation from brick to siding. The Planning Commission voted to approve the commercial design standards. K:IReports120051PC Reporis111-28-0518-PW 05-1734 (Paradise Point)_CCFina1.dm 3. Planning Commission determination of safe and adequate access to the subject property. The applicant has proposed access to the development from Hwy 265 and an access easement through the UofA Medical Sciences campus to the north. At this time, the applicant has not received approval of the proposed access to the north. Staff recommends that should the applicant not obtain a perpetual access easement to the property to the north prior to the issuance of a building permit, the application shall be resubmitted to the Planning Commission for evaluation of safe and adequate means of access and traffic patterns. The Planning Commission recommended approval with a second access and the allowance for this second access to the north to be moved west of where currently proposed The plat has been revised to show a secondary access to the north along the western property line. The addition of parking has also been shown as part of the proposed access to serve the property to the north. Prior to construction of this parking area all necessary permits for construction shall be obtained 4. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 5. If grading within 5 ' feet of any property line, the applicant shall obtain written approval from the adjacent property owner. 6. The applicant shall submit a lighting plan and cut sheets which meet City ordinance requirements to the Planning Division for review at the time of building permit. 7. Dedication of right-of-way for Hwy 265 by warranty deed prior to issuance of a building permit. 8. The off-site utility easement to the south of the property and access easement to north shall be obtained by separate document prior to issuance of a building permit. 9. The existing utility easement on the property that is within the proposed building . . , footprint shall be vacated prior to the issuance of a building permit. 10. Parking requirements shall be met at all times. The required parking numbers may increase should one or more tenant spaces be modified to a use that requires more parking than retail. 11 . Parks fees for 12 multi-Family Units are due in the amount of $4,716 prior to issuance of a building permit. 12. The applicant shall mitigate for the removal of tree conopy by planting 17 trees, contributing $4,250, or a combination thereof. Species and location of mitigation trees K.9Repo is110051PC Repo tAl1-18-0518-M 05-1734 (Paradise Poinr)_CC FimUm shall be approved by the Urban Forester. 13. Signs shall be permitted in accordance with the R-O, Residential Office, zoning district regulations. 14. Permitted uses within this R-PZD shall be restricted to Use Unit 1 : City-wide Uses by right; Use Unit 5 : Government Facilities; Use Unit 12 : Offices, studios, and related services; Use Unit 15 : Neighborhood Shopping Goods; Use Unit 16: Shopping Goods; Use Unit 17. Trades and Services; Use Unit 24: Home Occupations; Use Unit 25: Professional Offices; and Use Unit 26: Multi-family Dwellings. 15. Conditional uses within this R-PZD shall be restricted to Use Unit 2: City wide Uses by Conditional Use; Use Unit 13 : Eating Places; and Use Unit 36: Wireless Communication Facilities. 16. The applicant shall address all comments on the attached Landscape Plan Review and Tree Preservation Review, which shall be considered as part of the official conditions of approval. 17. The project shall be constructed in one phase. All required permits to construct the proposed development shall be issued within 3 2 (two) years of City Council approval. Standard Conditions of Approval: 18. Street lights shall be installed with a maximum separation of 300 feet along Hwy 265 (Crossover Road). 19. Three bike racks shall be installed on the property within 50' of the entrance and in accordance with the requirements of Ch. 172. 10 of the Unified Development Code and clearly identified on the site plan for building permit review. 20. Trash enclosures shall be screened on a minimum of three (3) sides with materials that are complimentary to and compatible with the proposed building. Elevations of the enclosure shall be submitted for review at the time of building permit application. Access to the enclosure shall not be visible from the street, pursuant to city ordinance. 21 . All mechanicaUutility equipment shall be screened using materials that are compatible with and incorporated into the structure. 22. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 23 . Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat K:IReportst2005WC Reparisll1-28-051R-PZD 05-1734 (Paradise Point)_CCFinaldoc review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 24. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 25. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. b. Separate easement plat for this project that shall include the tree preservation area. C. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by § 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. The applicant has made the requested modifications to the plat and the project booklet. Additional Conditions: Planning Commission Action: O Approval O Forwarded to P.C. Meeting Date: November 28, 2005 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K.tRepora120051PCReporis)11-28-0518-PZD 05-1734 (Paradise Point)_CCFinaldoc Findings associated with R-PZD 05-1734 Sec. 166.06. Planned Zoning Districts (PZD). (E) Approval or Rejection Criteria for Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of a planned zoning district application based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the General Plan 2020; FINDING: Staff finds the application to be in substantial compliance with the Master Development Plan Planned Zoning District criteria established by the City Council. In review of the General Plan 2020, the application provides for the development of vacant property located west of Crossover Road, south of Joyce Boulevard. (2) Whether the application is in compliance with all applicable statutory provisions; FINDING: The application has been reviewed and found to be compliant with applicable statutory provisions with some minor corrections required. (3) Whether the general impact of the rezoning would adversely impact the provision of public facilities and services;, FINDING: The impact of the rezoning and subsequent development may require the provision of public facilities, at the cost of the developer. Fire and emergency response time is adequate, as indicated in the attached correspondence. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The rezoning request, combined with the Master Development Plan, creates a mixed use development that will provide a suitable transition between commercial and office developments to the north and residential properties to the south. Although the immediate property to the south, east, and west are not developed at this time, the Future Land Use Plan designates these areas for private open space and residential development. Staff finds that the proposed use is compatible with these commercial and residential uses. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The subject property is currently vacant property suitable for development of residential and commercial use. (6) Whether the intended land use would create traffic congestion or burden the existing road network; K:IReports1200SIPC Reports)ll-28-0SIR-PZD 05-1734 (Paradise Point) CC Finaldac FINDING: As the property is currently vacant and yields no traffic, the proposed development would result in an increase in the traffic on the surrounding streets. These streets (Crossover Road/Hwy 265 and Joyce Boulevard) are, however, designated as Principal Arterial streets intended to carry large volumes of traffic. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: A plan has been submitted, recognizing the zoning and development criteria required of a Master Development Plan submittal. Architectural elevations of the proposed development and architectural standards have been proposed. Staff finds that the elevations proposed adhere to the standards set forth and are compatible with the surrounding developments. (8) Whether any other recognized zoning consideration would be violated in this PZD. FINDING: Staff finds that in review of the requested rezoning, the Master Development Plan proposed does not violate recognized zoning considerations, as found below. (B) Development standards, conditions and review guidelines (1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose and intent as set, forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity, and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. .. FINDING: The proposed Planned Zoning District and development plans have been reviewed in light of all applicable development and zoning ordinances. The Master Development Plan sets out the basic guidelines, development and zoning criteria, and design standards to ensure the proposal will achieve a high level of compatibility with adjacent properties. These criteria have been incorporated into the proposed development plans. (2) Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the Planning Commission shall require landscaping and screening as part of a PZD. The screening and K: Uteports120051PC Reporisil 1.28-0518-PZD 05-1734 (Paradise Point)_CC FinaLdoc landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of the development plan, a detailed screening and landscaping plan shall be submitted to the Planning Commission. Landscape plans shall show the general location, type and quality (size and age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. FINDING: Screening is typically required between commercial and residential developments. None of the adjacent properties are used for residential purposes. However, the applicant proposes a 12' landscape buffer with trees planted 1 per 30' along the north property line. (3) Traffic circulation. The following traffic circulation guidelines shall apply: (a) The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes. (b) The traffic circulation system shall be comprised of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. (c) Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses, (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development. (e) Internal local streets shall be designed to discourage through traffic within the planned zoning development and to adjacent areas. (f) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. FINDING: The applicant proposes one access onto Crossover Road/Hwy 265 and one access into AHEC to the north. Approval from the adjoining property to the north to construct the proposed access has not been received and this second access is not guaranteed. Staff recommends that should the applicant not obtain a perpetual access easement to the property to the north prior to the issuance of a building permit, the application shall be resubmitted to the Planning Commission for evaluation of safe and adequate means of access and traffic patterns. (4) Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the K:IReports120051PC Reportsti 1-28-051R-PZD 05-1734 (Paradise Point)_CC Final doc respective use areas. FINDING: The applicant proposes to meet the parking requirements set forth in the Unified Development Code. The required number of parking for the proposed development is 73 spaces (50 minimum and 95 maximum). The applicant proposes the development of 55 parking spaces. The required number of parking spaces was calculated based on all commercial space being occupied by retail business. Approval of a Certificate of Occupancy for each tenant shall be subject to the provision of sufficient parking within the development. (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. FINDING: The Unified Development Code requires a 15' landscape area adjacent to the right-of-way and 5' greenspace adjacent to side and rear property lines. The applicant's proposal provides a 15' landscape area adjacent to the right-of-way, but no more than 3' greenspace adjacent to the side and rear property lines; the applicant has requested approval of a 3' side and rear building setback. Approximately 36.4% of the site is retained as greenspace. (6) Sidewalks. As required by § 166.03. FINDING: Sidewalks are provided within the right-of-way and the development,.. with a pedestrian connection from the right-of-way to the interior of the project. . .. (7) Street Lights. As required by § 166.03. FINDING: Street lights shall be installed a maximum 300' apart adjacent to the right-of- way. (8) Water. As required by § 166.03. FINDING: Public water will. be provided to the project site, pursuant to city code. . (9) Sewer. As required by § 166.03. FINDING: Public sewer will be provided to the project site, pursuant to city code. (10) Streets and Drainage. Streets within a residential PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City. K:IReports120051PC Reportsill-28-051R-PZD 05-1734 (Paradise Point)_CC FinaLdoc (b) Private Streets. Private streets within a residential PZD shall be permitted subject to the following conditions: (i) Private streets shall be permitted for only a loop street, or street ending with a cul- de-sac. Any street connecting one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii)All grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi) Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and shall have a lien on the real property. within the PZD for such cost. The protective covenants shall grant the City the right to use all private streets for purposes of providing fire and police protection, sanitation service and any other of the municipal functions. The protective covenants shall provide that such covenants shall not be amended and shall not terminate without approval of the City Council. (viii) The width of private streets may vary according to the density served. The following standard shall be used: K:1Reports120051PC Reponslll-28-05iR-PZD 05-/734 (Paradise Point) CC Final doe Paving Width (No On -Street Parking) Dwelling Units One -Way Two -Way 1-20 14' 22' 21+ 14' 24' *Note: If on -street parking is desired, 6 feet must be added to each side where parking is intended. (ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private street. (xi) The developer shall erect at the entrance of each private street a rectangular sign, not exceeding 24 inches by 12 inches, designating the street a "private street" which shall be clearly visible to motor vehicular traffic. FINDING: All public and private drives shall conform to city standards. Recommended improvements along Crossover Road/Hwy 265 are limited to the construction of a 6' sidewalk at the right-of-way as AHTD is anticipated to improve the street adjacent to this property in the near future. Public and Private streets shall not be gated, unless permitted by express approval from the City Council by resolution. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. FINDING: The applicant proposes to construct the nonresidential facilities within the same phase as the residential facilities. (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. K:IReports%200APC Reporisll1-28-05iR-PZD 05-1734 (Paradise Point)_CC FinaLdoc FINDING: A tree preservation plan has been submitted and reviewed by the Urban Forester. Tree canopy covers 23% of the site, all of which is required to be preserved by Planned Zoning District regulations. The applicant proposes preservation of 13% canopy; therefore, mitigation is required. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in § 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. FINDING: The applicant has submitted architectural design standards, elevations, and a material sample board. Planning Commission determination of compliance with the standards set forth by the applicant and Commercial Design Standards is addressed in the conditions of approval. (14) view protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: Staff finds no specific scenic views to be protected on the subject property. (E) Revocation. (1) Causes for revocation as enforcement action. The . Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (c) Open space and recreational. facilities. If the construction . and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that_the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also K:IReporzsI20051PC Reporulll-28-051R-PZD 05-1734 (Paradise Poini)_CC Finaldac issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contractsand covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally - owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the common open .space .is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. K: VReporu120051PC Reports%!/-28-0518-PZD 05-1734 (Paradise Point)_ CC Finaldoc (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. FINDING: The applicant shall comply with the above requirements, as part of the Planned Zoning District ordinance. Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other. matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. • (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing K. 1Reports120051PC ReportsV 1-28-OAR-PZD 05-1734 (Paradise Poini)_CC Final doc natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. FINDING: Staff finds the uses to be compatible to the area, with the commitments, development standards, conditions of approval and other criteria in place with the rezoning request. (B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. FINDING: The subject described real property is proposed to be rezoned to R-PZD 05- 1734, with one Unique Planning Area. The development standards, statement of commitments and Master Development Plan approved shall be adopted with the rezoning. (C) R — PZD, Residential Planned Zoning District. (1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: - (a) To encourage a variety and flexibility in land development and land use for .predominately residential. areas, consistent with the city's General Plan . and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. K:IReports120051PC Reportsll1-28-0518-PZD 05-1734 (Paradise Point) _CC Fina/doc (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. FINDING: The proposed use is mixture of residential and retail/office uses. This type of development will provide a transition between commercial areas to the north and residential uses to the south. Staff finds that it meets the intent and purpose of an R-PZD. (2) Proposed Uses. Permitted Uses: Use Unit # Type of Use Unit I City-wide uses by right Unit 5 Government facilities Unit 12 Offices, studios and related services Unit IS Neighborhood shopping Unit 16 Shopping oods Unit 17 Trades and services Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings Conditional Uses: Use Unit # Type of Use Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 16 Shopping oods FINDING: See Zoning Criteria Chart above for the use permitted by right as proposed by the applicant. (3) Conditions. (2) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified; subject to City Council: approval of the Planned Zoning District request. (3) Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. K. IReporM20051PC Reports%/!-28-0518-PZD 05-1734 (Paradise Poinl_CCFina(doc *Required Findings for Rezoning Request. RECOMMENDATION: Staff recommends approval of the rezoning request from RMF- 24, Residential Multi -family — 24 units per acre to R-PZD 05-1734, with the adoption of the associated Master Development Plan. LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as a Residential. Rezoning this property to R-PZD 05-1734, with the associated Master Development Plan, is not specifically consistent with the land use plan for this area, however it is consistent with the surrounding land uses and allows for a transition between commercial property to the north and residential development to the south. The proposed plan, commitment and other conditions placed upon the project result in a compatible development with surrounding land uses in the general vicinity. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed rezoning is to a great degree consistent with many of the principles and policies in place. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is needed in order to develop the property with both residential and retail/office use and a reduced setback. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will cause an increase in traffic, as the existing property is currently vacant. However, by right, the property could be developed at • 24 units per acre, which would allow the construction of approximately, 36 dwelling units. Staff finds the proposed mixed use development will not appreciably increase traffic danger and congestion on Crossover Road/Hwy 265 or Joyce Boulevard, two Principal Arterial streets. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Population density will increase with the requested rezoning. The property is currently vacant. The development of 12 residential units will increase the population of this area by approximately 27 persons. K. 1Reports120051PC Reportsll l-28-0SIR-PZD 05-1734 (Paradise Point)_CC Fina/.doc 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K: IReporis1200SIPC Reports)//-28-0518-PZD 05-/734 (Paradise Point)_CC Fiaal.doe November 21, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, • This document is in response to the request for a determination of whether the proposed Annexation PZD 05-1734 Planned Zoning District (Paradise Point, 177) submitted by 112 Engineering, Inc for property located W. of Crossover, S of Joyce Blvd. would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this annexation:and:iezoning will not substantially alter the population density and thereby undesirablyincrease the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sincerely, Captain William Brown .. Fayetteville Police Department November 28. 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 20 of 34 Fayetteville Fire Department 303 W. Center St. Fayetteville AR. 72701 Date: November 21, 2005 To: Suzanne Morgan, Jeremy Pate, Andrew Gamer, and Jesse Fulcher From: Dale Riggins Subject: November 21, 2005 Re -zoning Review PZD05-1734 (Paradise Point, 177) These 1.55 acres are covered by Engine 5 at 833 N Crossover. The property is 3.2 miles from the station with a projected response time of 7 minutes to this development. After Station 5 is relocated to the comer of Crossover and Old Wire, the distance to the development will be reduced to 1.1 miles with an anticipated response time of 2 minutes. The Fire Department anticipates 5 calls for service (3 EMS & 2 Fire/Other) once the development is completed and maximum build -out has occurred. If you have any questions please feel free to call or email me Dale Riggins Fayetteville Fire Department November 28. 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 21 of 34 PC Meeting of November 28, 2005 THE CITY OF FAYETTEVILL.E, ARKANSAS TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: November 21, 2OO5 ITEM #: PZD 05-1734: Planned Zoning District ( Paradise Point) Requirements Submitted: T Initial Review with the Landscape Administrator T Site Analysis Map Submitted T Site Analysis Written Report Submitted T Complete Tree Preservation Plan Submitted Canopy Measurements: -Est"�F�� YL yy,� J -rwai �c _3. C_ �—:_��-=r:>— 1 jig I. . M percent1 1 ' November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 22 of 34 FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. 1 This site has several large significant oaks and other volunteer species. It appears that the area has had fill put in some areas in the past decreasing the desirability of preserving many of these trees. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. 2 Environmental degradation will be minimal on this site. The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. 3 The adjacent properties will not be affected by the reduction in canopy cover. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. 4 N/A Whether the size or shape of the lot reduces the flexibility of the design. 5, The size and shape of this lot has reduced the flexibility of this design substantially. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. 6 The general health of these trees is good to fair. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. 7 The trees proposed for preservation should not be affected by ..- ,,_ utilities. Parking lot islands are proposed to preserve several . trees found along the perimeters. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. 8 N/A. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. 9 The preservation areas should stay protected from utilities. Topography was not much on an issue on this site. November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 230134 Construction requirements for On -Site and Off -Site Alternatives. io N/A The effects of proposed On -Site Mitigation or Off -Site Alternatives. 11 Mitigation will be required to replace 7,270 square feet of removed canopy. The effect other chapters of the UDC, and departmental regulations have on the development design. 12 N/A The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: 13 N/A The impact a substantial modification or rejection of the application would have on theApplicant: 14 Staff is recommending approval of this Tree Preservation Plan with the following conditions of approval: Conditions for Approval: 1. Tree T9 and T10 have half of their canopy on this property. The developer should be credited for this. Please double check your calculations and the action comment in the tree inventory. 2. Mitigation will be required to replace 6014 square feet of canopy. The applicant has chosen to do a combination of on - site planting and a deposit into the Tree Escrow Account. '.n.�.f... .: �a, •. ... .. .. .1 •.. i..�. November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point) C Agenda Item 15 Page 24 of 34 PARADISE POINT MASTER DEVELOPMENT PLAN (R-PZD 05-1734) • Owner / Applicant: Paradise Point, LLC • 3900 Front St. Fayetteville, AR 72703 • Representative: H2 Engineering 2758 Millennium Dr. • Fayetteville, AR 72703 November 28. 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 25 of 34 Summary Paradise Point is a PZD located in east Fayetteville on Highway 265 just south of the intersection of Highway 265 and Joyce Boulevard. We are proposing a 2 - story building with 12,065 SF of office / retail space and one 2bd/2ba residential unit on the first floor and 11 - 2bd/2ba residential units on the second floor. The building footprint will be 13,445 S.F. (this square footage does not include balconies or overhangs). The property is currently zoned RMF-24, with R -O zoning to the north and RMF-24 to the south. We feel that the proposed PZD is a perfect fit between these two zonings. General Project Concept • Street and Lot Layout — This PZD is a single building with parking as required by the Unified Development Code. • Site Plan — See Master Development Plan Sheet • Buffer Areas — There is a landscape buffer to the north of the property to serve as a buffer between our project and the existing building to the north. The buffer is 12' wide with trees located every 30'. • Tree Preservation Areas — There are no existing large groupings of trees on the site that would serve as one large tree preservation area. However, great care has been taken to preserve as many existing trees as possible. Four additional trees will be planted in the detention pond to serve as mitigation for the trees that are disturbed by the development • Storm Water Detention Areas and Drainage — Drainage flows onto the site from the northwest. This ;water will be diverted into a storm pipe and directed to the .so'uth end of the site and into a detention pond. This detention pond will serve to detain the water coming onto the site and the water generated on site. Strom water also travels along the east side of the property in an existing ditch along Highway 265. The only disturbance to this ditch will be to pipe it under the entrance drive which will not significantly impact the storm drainage along Highway 265. • Undisturbed Natural Areas — There are a few small undisturbed areas around the perimeter of the site. These areas have been left undisturbed • in order to prevent the disturbance of existing trees. • Existing and Proposed Utility Connections and Extensions — An 8sanitary sewer line is located to the west and an 8° water line is located on site:on. : the west side of the property. We' propose connecting to each of these for service. • Development and Architectural Design Standards — The building on this project is designed to project the feel and climate of a small town urban setting similar to Dickson Street, rooted in images of the French Quarter in New Orleans. •• Building Elevations —Building Elevations are attached. November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 26 of 34 Proposed Development Phasing and Time Frame This project consists of 1 phase. This zoning approval is intended to allow construction anytime within 5 years of approval. However, construction is anticipated to occur from January, 2006 — May, 2006. Proposed Planning Areas with Proposed Zoning and Development Standards This project has only 1 planning area. The project will consist of a single 2 -story building with office / retail space and I residential unit on the first floor and residential units only on the second floor. Permitted uses will be City-wide Uses by right (Use Unit 1), government facilities (Use Unit 5), offices, studios, and related services (Use Unit 12), neighborhood shopping goods (Use Unit 15), shopping goods (Use Unit 16), trades and services (Use Unit 17), home occupations (Use Unit 24), professional offices (Use Unit 25), and multi -family dwellings (Use Unit 26). Conditional uses will be City-wide Uses by conditional use (Use Unit 2), eating places (Use Unit 13), and wireless communication facilities (Use Unit 36). The residential unit density will be 7.7 units or less per acre. The office/retail space will be 12,065 SF or less. Front setbacks will be a minimum of 50 feet, side and rear setbacks will be a minimum of.3. feet. Height restrictions in this project are set at 35 feet = Materials proposed for.the building are brick,,hardi-board siding, metal roofing, . and wrought iron railings.. Analysis of the Site Characteristics No environmentally hazardous, sensitive, or natural resource areas have been found on this site... Reason for Zoning Change Request A request for a zoning change is being made on this piece of property because the property is difficult to develop under the current RMF-24 Zoning. This property is a combination of two parcels which have been.combined to form an irregular shaped. lot, The architect has designed the building in a, way which,.= works well with the irregular lot shape. We also feel that the proposed mixed use • nicely transitions from R -O and RMF-24 of the adjacent properties while conforming to the well landscaped and sufficiently . articulated buildings in surrounding developments. F November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 27 of 34 Comparison of the Proposed Master Development Plan to the Current Zoning District Requirements Current Zoning (RMF-24) Proposed Zoning (R-PZD) Desaiption Requirements Requirements Use Unit1- City-wide Uses by fight Use Unit 1- City-wide Uses by right .Use Unit 8 - Single-family dwellings Use Unit 5 - Government Facilities Use Unit 9 -Two-family dwellings Use Unit 12 - Offices, studios, etc. Permitted Use Use Unit 10 - Three-family dwellings Use Unit 15- Neighborhood shopping Units Mowed Use Unit 26 -Multi -family dwellings Use Unit 16 - Shopping goods Use Unit 17 - Trades and Services Use Unit 24 - Home occupation Use Unit 25 -Professional offices Use Unit 26- Multifamily dwellings Use Unit 2- City-wide uses by cond. Use permit Use Unit 2- City-wide uses by cond. use permit Use Unit 3- Public protection and utility fac. Use Unit 13 - Eating places Conditional Use Unit 4 - Cultural and recreational facilities Use Unit 36 - wireless comm. facilities Uses Use Unit 11 - Manufactured home park Use Unit 24 -Home occupation Use Unit 25 - Professional offices Use Unit 36-wreless comm. facilities Curtent Zoning (RMF-24) - ` Requirements Proposed Zoning (R-PZD) Requirements -: r Description ` ' - Front Setback 25 Ft. 50 Ft. Side Setbacks .. , 8 FL 3 FL Rear Setbacks 25 Ft. 3 Ft. Maximum Height 20 Ft. 35 Ft. Density - Units per Acre 4 to 24 7.7 (max) LotArea Minimum (Prof. Offices) 1 Acres 1.55 Acres Let Width Minimum Prof. Offices) 100 Ft. 40 Ft. Land Area per Dwelling Unit (2 BR) 2,000 SF 5,627 SF (max) Site Coverage (% covered by bldg) N / A • .. . 19.9% Note: The existing zoning of this property is RMF-24. Recreational Facilities Sweetbriar Park is located Y2 mile southwest of the project. Routh Park and . Rocky Branch Park are both located approximately 1 mile south of the project. No recreational Facilities are planned on this site. Relationship to the Existing and Adjacent Land Uses The property is bounded on the north and across Highway 265 to the east by R- 0 zoning and to the south and west by RMF-24 zoning. This PZD is: the perfect n November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 28 of 34 ....---_... _._._.-.....__...---...---••___ __ _. . .. .._...:1 .. .._.. p .___•• .... ........ transition between these zonings, allowing both office space and residential units. The property to the north is currently used as office space and the property to the west is a golf course development. The property to the south and to the east, across Highway 265, are currently undeveloped. Compliance with Fayetteville General Plan 2020 This development does comply with the Fayetteville General Plan 2020. Traffic Study No traffic study has yet been required for this project and we do not anticipate one being required, due to the small amount of impact this project will have on Highway 265 to the east. • Impacts on City Services There are no significant impacts to city services associated with this project. Statement of Commitments Dedication and On or Off -site Improvements An additional 15' of Right -of -Way is being dedicated on Highway 265, going from a 40' Right -of -Way from centerline to a 55' Right -of -Way from Centerline. This accommodates a 110' Right -of -Way on Highway 265, as required for Principal Arterials. Natural Resources'and Environmental Sensitive Areas There are no known..hatural resources or environmentally:sensitive areas on this site. Project Phasing Restrictions - The phases and estimated completion dates have been established as presented previously herein the master plan for.the project. As phasing has been identified, described and approved as part of the PZD master development plan, process phasing may vary from the requirements of Chapter 166 of the UDC with regard to expiration of permits and plans. Fire Protection Paradise Point will be served by the Fayetteville Fire Department. Station .; 4 is located less than 2.5 miles away from Paradise Point. A new Fire Station is proposed at Routh Park 1 mile to the south of Paradise Point on Highway 265. Other Commitments Imposed by the City There are currently no other commitments imposed by the City. Parks, Trails and Open Space Commitments Tree preservation and protection will be implemented in accordance with the City of Fayetteville code of Ordinances Title XV Unified Development November 28, 2005 Planning Commission R-PZD OS -1734 (Paradise Point) Agenda Item 15 Page 29 of 34 Code: Chapter 167 Tree Preservation & Protection. Landscaping within Paradise Point will be designed in accordance to the City of Fayetteville Landscape Manual which sets forth the standards and specifications for Tree Preservation, Protection and Landscaping. Building Elevations Building Elevations are attached. Development Standards, Conditions and Review Guidelines Screening and Landscaping The screening and landscaping will be provided as set forth in Section 166.09 Buffer Strips and Screening. Traffic and Circulation Design of the traffic and circulation on the project will be in accordance with Section 166 of the Unified Development Code. In order to provide better traffic circulation and connectivity, a connection to the parking area on the property directly north of Paradise Point is being proposed. This will provide an entrance I exit point on Joyce St. Discussions with the owner of that property are on -going at this time. A proposed 40' access easement is pending. Parking Standards The parking lot will be designed and -'constructed in accordance with the standards found: in Section 172 of the. Unified. Development Code. Perimeter Treatment No perimeter treatment is planned. Sidewalks Sidewalks will be designed and constructed in accordance with the Master Street Plan and Section 171 of the Unified Development Code. Street Lights Streetlights will- be designed and constructed in accordance with the _:Unified Development Code. Water Water lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. An 8" water line Is located to on site which we propose to connect to. Sewer Sewer lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. An 8°sanitary sewer -line November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 30 of 34 is located to the west of the property along the golf course which we .propose to connect to. Streets and Drainage Streets and drainage will be designed and constructed in accordance with the Unified Development Code and the Master Street Plan. Tree Preservation Tree preservation and protection will be implemented in accordance with Section 167 of the Unified Development Code. Commercial Design Standards A portion of the structure proposed for this project will house office or • commercial space. Therefore, the structure will comply with the commercial design standards as set forth in Section 166.14 Siteron Development Standards and Construction and Appearance Design Standards for Commercial Structures. Signage All signage on the project shall be permitted in accordance with R -O district criteria as set forth by Chapter 174 of the Unified Development Code. A monument sign is planned at the entrance on Highway 265 and hindividuai office signs are planned for the office units. :-:.View Protection - There is a -landscape buffer to the north of the property to serve as a • buffer between our project and the existing building to the north. Revocations The developer understands causes for revocation and will take all measures necessary to avoid revocation. Covenants, Trusts, and Homeowner Associations There are no covenants, trusts or Homeowner Associations associated with this;project. auwsras :3 November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point) Agenda Item 15 Page 31 of 34 WILLIAM KIM FUGITT, AIA October 27, 2005 SUZANNE MORGAN ASSOCIATE PLANNER CITY OF FAYETTEVILLE • 125 W MOUNTAIN FAYETTEVII.L ,AR. 72701 RE: PARADISE POINT MS. MORGAN, I UNDERSTAND THAT YOU ARE UNABLE TO DISCERN THE MATERIALS AND COLOR OF THYE SURFACE LOCATED BENEATH THE COVERED PORCHES ON THE COLORED ELEVATIONS PRESENTED EARLIER SHADING WAS ADDED TO THE ELEVATIONS TO BETTER DESCRIBE THE DEPTH AND ARTICULATION OF THE WALL SURFACE AND AS A RESULT, SOME OF THE DETAIL IS LOST. SOME TIMES YOU JUST CANT WIN. PLEASE FIND THE ATTACHED ARCHITECTURAL ELEVATION INDICATING "HARDI-LAP" SIDING IN THE SUBJECT AREAS THE SIDING SHALL BE PAINTED DIFFERENT SHADES OF WHITE UNDER EACH OF THE 3 PORCH AREAS ALLOWING THEM TO CONFORM YET VARY. THE FACADE IS INTENDED TO RECREATE A 'DICKSON STREET'/"FRENCH QUARTER" IMAGE WHERE TWS MATERIAL AND TREATMENT ARE COMMON. AISQ PLEASE FIND COPIES OF THE 1ST AND 2^'D. FLOOR PLANS INDICATING WHERE THE ENTRIES ARETO THE APARTMENT UNITS. RESPECTFULLY, OCT 2`8 2005 1165 JOYCE BLVD • PAYETTEVILLB, AR • 72703 PHONE: 479.521.6686 • FAX: 479.527.8855 November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point) • Agenda Item 15 Page 32 of 34 'ZD05-17 Close Up View YV.....;4 PARADISE POINT SUBJECT PROPERTY R -n .. -Y;a •.... ••• 11 'ae. E SS R airiY^ i v ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05-1734, PARADISE POINT, LOCATED WEST OF CROSSOVER, SOUTH OF JOYCE BOULEVARD, CONTAINING APPROXIMATELY 1.55 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. /1\ BE IT ORDAINED BY THE CITY FAYETTEVILLE, ARKANSAS: Section 1: That the zone hereby changed as follows: From RMF-24, Residential Mull in Exhibit "A" attached hereto Section 2. That the approved master developmem approval as submitted etermj Section 3. `That this t time as all of the requirementsr( Section 4.That the.ol is hereby amended to reflect t By: PASSED AND APpRO% of the ,24 units lea part THE CITY OF is to R-PZD 05-1734 as shown lange"in z`onin'g classification is based upon the plan,�developmen`t7standards, and conditions of .d appropriate and approved by the City Council. SONDRA SMITH, City Clerk effect and be in full force at such iment plan have been met. zoning map of the City of Fayetteville, Arkansas, ug change provided in Section 1 above. this day of , 2005. APPROVED: By: DAN COODY, Mayor EXHIBIT "A" MDP R-PZD 05-1734 LOTS 1 AND 2 OF FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 THENCE N02°2536"E 184.24 FEET; THENCE S88°0729"E 10.49 FEET; THENCE N02°11'58"E 4.23 FEET; THENCE S87°3829"E 55.34 FEET; THENCE S23°3806"E 99.87 FEET; /'\ THENCE S86°0007"E 248.30 FEET TO THE WEST RIGHT -OF -WADY OF ARKANSAS HIGHWAY 265; < THENCE ALONG SAID WEST RIGHT -OF COURSES: THENCE 134.67 FEET ALONG A 914.93 FOOT RADIUS AND A S100' THENCE S15°1401W 122.74 FEET THENCE 45.11 FEET ALONG ACT RADIUS AND A S13°38'43"W 45.10 THENCE LEAVING SAID WEST RI THENCE N28°47'51 "W'234.05,FEET THENCE N85°5523W 13 1.55 ACRES, MORE,OR I W 134.5 Y THE FOLLOWING THREE :VE'TO�THE RIGHT HAVING A -\OQT CHORD; A 1175.73 FOOT 40.99 FEET; v TO THE POINT OF BEGINNING, CONTAINING Ye aevile ARKANSAS THE CITY OF FAYETTEVIL.LE, ARKANSAS PC Meeting of November 28, 2005 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November 21, 2005 Updated December 2, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 R-PZD 05-1734: Planned Zoning District (PARADISE POINT, 177): Submitted by H2 ENGINEERING, INC. for property located at W OF CROSSOVER, S OF JOYCE BLVD. The property is zoned RMF-24, Residential Multi -Family — 24 units per acre, and contains approximately 1.55 acres. The request is to approve a Residential Planned Zoning District with 12,065 s.f. of retail space, 12 residential units (24 bedrooms) and 55 parking spaces proposed. Property Owner: KIRK ELSASS Planner: SUZANNE MORGAN Findings: Property Description: The subject property consists of approximately 1.55 acres located west of Crossover Road and the UAMS Campus. It is currently zoned RMF-24 and surrounded by a golf course to the west and south. Proposal: The applicant requests a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district. The proposed New Orleans style building will be two stories with 11 residential units on the second floor and one residential unit with 12,065 square feet of retail/office retail space on the first floor. Surrounding Land Use/Zoning: Direction Land Use Zoning North UAMS Campus R -O, C -I South Golf Course RMF-24 East Vacant R -O West Golf Course RMF-24 K: IReporis 20051PC Reporull1-28-0SIR-PZD 05-1734 (Paradise PoinQ_CC FinaLdoc The following bulk and area regulations are proposed by the applicant: (A)Proposed Uses. Permitted uses Use Unit I City-wide uses by right Use Unit 2 City-wide uses by conditional use permit Use Unit 5 Government Facilities Use Unit 12 Offices, studios, and related services Use Unit 15 Neighborhood Shopping Goods Use Unit 16 Shopping Goods Use Unit 17 Trades and Services Use Unit 24 Home occupations Use Unit 25 Professional Offices Use Unit 26 Multi -family Dwellings Conditional Uses Unit 2 City-wide uses by conditional use permit Use Unit 13 Eating Places Use Unit 36 Wireless Communication Facilities (B) Density. Units per acre I 7.7 II (C) Bulk and area regulations. Lot minimum width 40 feet Lot area minimum 1.55 acres Land area per dwelling unit 5,625 square feet maximum (E) Setback requirements. Front Building Setbacks: 50'. Rear Building Setback: 3' Side Building Setback: 3' (F) Height. 35' maximum height (G) Building area. 19.9% of site. Water & Sewer: Water and sewer lines are being extended to serve the development. Access: The applicant has proposed access to the development from Hwy 265 and an access easement through the U of A Medical Sciences campus to the north. At this time, the applicant K:IReports120051PC Reportsl/t-28-0SIR-PZD 05-1734 (Paradise Point)_CC Finatdoc has not received approval of the proposed access to the north. Staff recommends that should this access easement not be obtained by the developer prior to building permit consideration, that the project be reconsidered by the Planning Commission to determine if with one access to Crossover Road/Hwy 265 that safe and adequate means for traffic is provided. Adjacent Master Street Plan Streets: Hwy 265 (Crossover Road) — Principal Arterial Street Improvements: Staff recommends street improvements on Hwy 265 to include the construction of a sidewalk. Parks: Park fees are due for 12 multi -family dwellings. Tree Preservation: Existing: 23% Preserved: 13% Required: 23% Mitigation will be required to replace 6014 square feet of canopy. The applicant has chosen to do a combination of on -site planting and a deposit into the Tree Escrow Account. Recommendation: Staff recommends forwarding the Master Development Plan — Planned Zoning District for Paradise Point (R-PZD 05-1734), to the City Council for approval with the following conditions: The Planning Commission voted 8-1-0 to approve an amendment to Condition #17 with Commissioner Anthes voting no. The Planning Commission voted 9-0-0 for approval of the rezoning and development approval with the following amended conditions: Conditions of Approval: Planning Commission determination of street improvements. Staff recommends construction of a 6' sidewalk along Hwy 265, adjacent to the Master Street Plan right- of-way. 2. Planning Commission determination of commercial design standards. Stafffinds that the proposed elevations are compliant with Commercial Design Standards and the intent of the architectural design criteria listed within the Master Development Plan Project Booklet. The Subdivision Committee found in favor of the proposed elevations and supported the modification of the building material of the western elevation from brick to siding. The Planning Commission voted to approve the commercial design standards. K:IReports120051PC Reportsll1-28-051R-PZD 05-1734 (Paradise Poini)_CC Finatdoc 3. Planning Commission determination of safe and adequate access to the subject property. The applicant has proposed access to the development from Hwy 265 and an access easement through the U ofA Medical Sciences campus to the north. At this time, the applicant has not received approval of the proposed access to the north. Staff recommends that should the applicant not obtain a perpetual access easement to the property to the north prior to the issuance ofa building permit, the application shall be resubmitted to the Planning Commission for evaluation of safe and adequate means of access and traffic patterns. The Planning Commission recommended approval with a second access and the allowance for this second access to the north to be moved west of where currently proposed. The plat has been revised to show a secondary access to the north along the western property line. The addition of parking has also been shown as part of the proposed access to serve the property to the north. Prior to construction of this parking area all necessary permits for construction shall be obtained. 4. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. If grading within 5' feet of any property line, the applicant shall obtain written approval from the adjacent property owner. . 6. The applicant shall submit a lighting plan and cut sheets which meet City ordinance requirements to the Planning Division for review at the time of building permit. Dedication of right-of-way for Hwy 265 by warranty deed prior to issuance of a building permit. 8. The off -site utility easement to the south of the property and access easement to north shall be obtained by separate document prior to issuance of a building permit. 9. The existing utility easement on the property that is within the proposed building footprint shall be vacated prior to the issuance of a building permit. 10. Parking requirements shall be met at all times. The required parking numbers may increase should one or more tenant spaces be modified to a use that requires more parking than retail. 11. Parks fees for 12 multi -Family Units are due in the amount of $4,716 prior to issuance of a building permit. 12. The applicant shall mitigate for the removal of tree conopy by planting 17 trees, contributing $4,250, or a combination thereof. Species and location of mitigation trees K:IReports120051PC Reportsil1-28-051R-PZD 05-!734 (Paradise Point)_CC Finaldoc shall be approved by the Urban Forester. 13. Signs shall be permitted in accordance with the R -O, Residential Office, zoning district regulations. 14. Permitted uses within this R-PZD shall be restricted to Use Unit 1: City-wide Uses by right; Use Unit 5: Government Facilities; Use Unit 12: Offices, studios, and related services; Use Unit 15: Neighborhood Shopping Goods; Use Unit 16: Shopping Goods; Use Unit 17: Trades and Services; Use Unit 24: Home Occupations; Use Unit 25: Professional Offices; and Use Unit 26: Multi -family Dwellings. 15. Conditional uses within this R-PZD shall be restricted to Use Unit 2: City wide Uses by Conditional Use; Use Unit 13: Eating Places; and Use Unit 36: Wireless Communication Facilities. 16. The applicant shall address all comments on the attached Landscape Plan Review and Tree Preservation Review, which shall be considered as part of the official conditions of approval. 17. The project shall be constructed in one phase. All required permits to construct the proposed development shall be issued within 3 2 (two) years of City Council approval. Standard Conditions of Approval: 18. Street lights shall be installed with a maximum separation of 300 feet along.Hwy 265 (Crossover Road). 19. Three bike racks shall be installed on the property within 50' of the entrance and in accordance with the requirements of Ch. 172.10 of the Unified Development Code and clearly identified on the site plan for building permit review. 20. Trash enclosures shall be screened on a minimum of three (3) sides with materials that are complimentary to and compatible with the proposed building. Elevations of the enclosure shall be submitted for review at the time of building permit application. Access to the enclosure shall not be visible from the street, pursuant to city ordinance.. 21. All mechanical/utility equipment shall be screened using materials that are compatible with and incorporated into the structure. 22. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 23. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat K:lReports120051PC Reportsll1-28-0518-PZD 05-1734 (Paradise Point)_CC Find.doc review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 24. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 25. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. b. Separate easement plat for this project that shall include the tree preservation area. c. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by §158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. The applicant has made the requested modifications to the plat and the project booklet. Additional Conditions: Planning Commission Action: Meeting Date: November 28, 2005 Comments: O Approval O Forwarded to P.C. The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature K:1Reporis120051PC Reportsi/ 1-28-0518-PZD 05-1734 (Paradise Point)_CC FinaLdac Findings associated with R-PZD 05-1734 Sec. 166.06. Planned Zoning Districts (PZD). (E) Approval or Rejection Criteria for Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of a planned zoning district application based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the General Plan 2020; FINDING: Staff finds the application to be in substantial compliance with the Master Development Plan Planned Zoning District criteria established by the City Council. In review of the General Plan 2020, the application provides for the development of vacant property located west of Crossover Road, south of Joyce Boulevard. (2) Whether the application is in compliance with all applicable statutory provisions; FINDING: The application has been reviewed and found to be compliant with applicable statutory provisions with some minor corrections required. (3) Whether the general impact of the rezoning would adversely impact the provision of public facilities and services; FINDING: The impact of the rezoning and subsequent development may require the provision of public facilities, at the cost of the developer. Fire and emergency response time is adequate, as indicated in the attached correspondence. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The rezoning request, combined with the Master Development Plan, creates a mixed use development that will provide a suitable transition between commercial and office developments to the north and residential properties to the south. Although the immediate property to the south, east, and west are not developed at this time, the Future Land Use Plan designates these areas for private open space and residential development. Staff finds that the proposed use is compatible with these commercial and residential uses. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The subject property is currently vacant property suitable for development of residential and commercial use. (6) Whether the intended land use would create traffic congestion or burden the existing road network; - K:IReports120051PC Reporislll-28-051R-PZD 05-1734 (Paradise Point)_CC Final.doc FINDING: As the property is currently vacant and yields no traffic, the proposed development would result in an increase in the traffic on the surrounding streets. These streets (Crossover Road/Hwy 265 and Joyce Boulevard) are, however, designated as Principal Arterial streets intended to carry large volumes of traffic. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: A plan has been submitted, recognizing the zoning and development criteria required of a Master Development Plan submittal. Architectural elevations of the proposed development and architectural standards have been proposed. Staff finds that the elevations proposed adhere to the standards set forth and are compatible with the surrounding developments. (8) Whether any other recognized zoning consideration would be violated in this PZD. FINDING: Staff finds that in review of the requested rezoning, the Master Development Plan proposed does not violate recognized zoning considerations, as found below. (B) Development standards, conditions and review guidelines (1) Generally. The Planning• Commission shall consider a proposed PZD in light of the purpose and intent as set, forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. .. FINDING: The proposed Planned Zoning District and development plans have been reviewed in light of all applicable development and zoning ordinances. The Master Development Plan sets out the basic guidelines, development and zoning criteria, and design standards to ensure the proposal will achieve a high level of compatibility with adjacent properties. These criteria have been incorporated into the proposed development plans. (2) Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the Planning Commission shall require landscaping and screening as part of a PZD. The screening and K. IReports120051PC Reportsll1-28-051R-PZD 05-1734 (Paradise Point) CC Finaldoc landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of the development plan, a detailed screening and landscaping plan shall be submitted to the Planning Commission. Landscape plans shall show the general location, type and quality (size and age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. FINDING: Screening is typically required between commercial and residential developments. None of the adjacent properties are used for residential purposes. However, the applicant proposes a 12' landscape buffer with trees planted 1 per 30' along the north property line. (3) Traffic circulation. The following traffic circulation guidelines shall apply: (a) The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes. (b) The traffic circulation system shall be comprised of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. (c) Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic,. general attractiveness, access to dwelling units and the proper relationship of different land uses. (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development. (e) Internal local streets shall be designed to discourage through traffic within the planned zoning development and to adjacent areas. (1) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. FINDING: The applicant proposes one access onto Crossover Road/Hwy 265 and one access into AHEC to the north. Approval from the adjoining property to the north to construct the proposed access has not been received and this second access is not guaranteed. Staff recommends that should the applicant not obtain a perpetual access easement to the property to the north prior to the issuance of a building permit, the application shall be resubmitted to the Planning Commission for evaluation of safe and adequate means of access and traffic patterns. (4) Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the K: IReports120051PC Reportsll 1-28-051R-PZD 05-1734 (Paradise Point) _CC FinaLdoc respective use areas. FINDING: The applicant proposes to meet the parking requirements set forth in the Unified Development Code. The required number of parking for the proposed development is 73 spaces (50 minimum and 95 maximum). The applicant proposes the development of 55 parking spaces. The required number of parking spaces was calculated based on all commercial space being occupied by retail business. Approval of a Certificate of Occupancy for each tenant shall be subject to the provision of sufficient parking within the development. (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. FINDING: The Unified Development Code requires a 15' landscape area adjacent to the right-of-way and 5' greenspace adjacent to side and rear property lines. The applicant's proposal provides a 15' landscape area adjacent to the right-of-way, but no more than 3' greenspace adjacent to the side and rear property lines; the applicant has requested approval of a 3' side and rear building setback. Approximately 36.4% of the site is retained as greenspace. (6) Sidewalks. As required by § 166.03. FINDING: Sidewalks are provided within the right-of-way and the development,, with a pedestrian connection from the right-of-way to the interior of the project. „. . .. (7) Street Lights. As required by § 166.03. FINDING: Street lights shall be installed a maximum 300' apart adjacent to the right-of- way. (8) Water. As required by § 166.03. FINDING: Public water will.be provided to the project site, pursuant to city code. . . (9) Sewer. As required by § 166.03. FINDING: Public sewer will be provided to the project site, pursuant to city code. (10) Streets and Drainage. Streets within a residential PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City. K:1Reportss120051PC Reports111-28-0518-PZD 05-1734 (Paradise Point)_CC FinaLdoc (b) Private Streets. Private streets within a residential PZD shall be permitted subject to the following conditions: (i) Private streets shall be permitted for only a loop street, or street ending with a cul- de-sac. Any street connecting one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii)All grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi) Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and.shall have a lien on the real property within the PZD for such cost. The protective covenants shall grant the City the right to use all private streets for purposes of providing fire and police protection, sanitation service and any other of the municipal functions. The protective covenants shall provide that such covenants shall not be amended and shall not terminate without approval of the City Council. (viii) The width of private streets may vary according to the density served. The following standard shall be used: K. IReportsl20051PC Reports)/ /-28-051R-PZD 05-1734 (Paradise Point)_CC Final doc Paving Width (No On -Street Parkine) Dwelling Units One -Way Two -Way 1-20 14' 22' 21+ 14' 24' *Note: If on -street parking is desired, 6 feet must be added to each side where parking is intended. (ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private street. (xi) The developer shall erect at the entrance of each private street a rectangular sign, not exceeding 24 inches by 12 inches, designating the street a "private street" which shall be clearly visible to motor vehicular traffic. • FINDING: All public and private drives shall conform to city standards. Recommended improvements along Crossover Road/Hwy 265 are limited to the construction of a 6' sidewalk at the right-of-way as AHTD is anticipated to improve the street adjacent to this property in the near future. Public and Private streets shall not be gated, unless permitted by express approval from the City Council by resolution. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. FINDING: The applicant proposes to construct the nonresidential facilities within the same phase as the residential facilities. (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. K:1Reporis120051PC Reportslll-28-051R-PZD 05-1734 (Paradise Point) _CC FinaLdoe FINDING: A tree preservation plan has been submitted and reviewed by the Urban Forester. Tree canopy covers 23% of the site, all of which is required to be preserved by Planned Zoning District regulations. The applicant proposes preservation of 13% canopy; therefore, mitigation is required. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in § 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. FINDING: The applicant has submitted architectural design standards, elevations, and a material sample board. Planning Commission determination of compliance with the standards set forth by the applicant and Commercial Design Standards is addressed in the conditions of approval. (14) View protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: Staff finds no specific scenic views to be protected on the subject property. (E) Revocation. (1) Causes for revocation as enforcement . action. The. Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (C) Open space and recreational. facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that_the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also K:1Reports120051PC Reportsll l-28-0518-PZD 05-1734 (Paradise Point) _CC Finaldoc issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally - owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the% common open. space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. K: IReportsI2005IPC Rep oristi 1-28-05IR-PZD 05-1734 (Paradise Point) _CC FinaLdoe (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. FINDING: The applicant shall comply with the above requirements, as part of the Planned Zoning District ordinance. Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other. matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. • (5) No negative• impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing K:IReports120051PC Reporvlll-28-0518-PZD 05-1734 (Paradise Poin1)_CC FinaLdoc natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. FINDING: Staff rinds the uses to be compatible to the area, with the commitments, development standards, conditions of approval and other criteria in place with the rezoning request. (B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. FINDING: The subject described real property is proposed to be rezoned to R-PZD 05- 1734, with one Unique Planning Area. The development standards, statement of commitments and Master Development Plan approved shall be adopted with the rezoning. (C) R — PZD, Residential Planned. Zoning District. (1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: (a) To encourage a variety and flexibility in land development and land use for .predominately residential. areas, consistent with the city's General Plan and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. K: IReporis120051PC Reporist i 1-28-0518-PZD 05-1734 (Paradise Point)_CC Flaw/doe (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. FINDING: The proposed use is mixture of residential and retail/office uses. This type of development will provide a transition between commercial areas to the north and residential uses to the south. Staff finds that it meets the intent and purpose of an R-PZD. (2) Proposed Uses. Permitted Uses: Use Unit # Type of Use Unit I City-wide uses by right Unit 5 Government facilities Unit 12 Offices, studios and related services Unit 15 Neighborhood shopping Unit 16 Shopping oods Unit 17 Trades and services Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings Conditional Uses: Use Unit # Type of Use Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 16 Shopping oods FINDING: See Zoning Criteria Chart above for the use permitted by right as proposed by the applicant. (3) Conditions. (2) All permitted uses identified within § 162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified; subject to City Council' approval of the Planned Zoning District request. (3) Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. K:IReports120051PC Reports)l1-28-051R-PZD 05-1734 (Paradise PoinQ_CC FinaL doe *Required Findings for Rezoning Request. RECOMMENDATION: Staff recommends approval of the rezoning request from RMF- 24, Residential Multi -family — 24 units per acre to R-PZD 05-1734, with the adoption of the associated Master Development Plan. LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as a Residential. Rezoning this property to R-PZD 05-1734, with the associated Master Development Plan, is not specifically consistent with the land use plan for this area, however it is consistent with the surrounding land uses and allows for a transition between commercial property to the north and residential development to the south. The proposed plan, commitment and other conditions placed upon the project result in a compatible development with surrounding land uses in the general vicinity. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed rezoning is to a great degree consistent with many of the principles and policies in place. A determination of whether the proposed zoning is justified and/or needed at the time. the rezoning is proposed. .. Finding: The proposed zoning is needed in order to develop the property with both residential and retail/office use and a reduced setback. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will cause an increase in traffic, as the existing property is currently vacant. However, by right, the property could be developed at • 24 units per acre, which would allow the construction of approximately.36 dwelling units. Staff finds the proposed mixed use development will not appreciably increase traffic danger and congestion on Crossover Road/Hwy 265 or Joyce Boulevard, two Principal Arterial streets. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Population density will increase with the requested rezoning. The property is currently vacant. The development of 12 residential units will increase the population of this area by approximately 27 persons. K: IReports12005IPC Reports1l1-28-0518-PZD 05-1734 (Paradise Poin4J_CC Find.doc 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K: IReportt120051PC Reportsl! 1-28-051R-PZD 05-1734 (Paradise Point) _CC Fina(.doc PARADISE POINT MASTER DEVELOPMENT PLAN (R-PZD 05-1734) cKL' ENGINEERING, INC. Owner / Applicant: Paradise Point, LLC 3900 Front St. Fayetteville, AR 72703 Representative: H2 Engineering 2758 Millennium Dr. Fayetteville, AR 72703 Summary Paradise Point is a PZD located in east Fayetteville on Highway 265 just south of the intersection of Highway 265 and Joyce Boulevard. We are proposing a 2 - story building with 12,065 SF of office / retail space and one 2bd/2ba residential unit on the first floor and 11 - 2bd/2ba residential units on the second floor. The building footprint will be 13,445 S.F., not including balconies or overhangs. With balconies included, the second floor will be 14,744 S.F. The property is currently zoned RMF-24, with R -O zoning to the north and RMF-24 to the south. We feel that the proposed PZD is a perfect fit between these two zonings. General Project Concept • Street and Lot Layout — This PZD is a single building with parking as required by the Unified Development Code. • Site Plan - See Master Development Plan Sheet • Buffer Areas — There is a landscape buffer to the north of the property to serve as a buffer between our project and the existing building to the north. The buffer is 12' wide with trees located every 30'. • Tree Preservation Areas — There are no existing large groupings of trees on the site that would serve as one large tree preservation area. However, great care has been taken to preserve as many existing trees as possible. Four additional trees will be planted in the detention pond to serve as mitigation for the trees that are disturbed by the development. • Storm Water Detention Areas and Drainage — Drainage flows onto the site from the northwest. This water will be diverted into a storm pipe and directed to the south end of the site and into a detention pond. This detention pond will serve to detain the water coming onto the site and the water generated on site. Strom water also travels along the east side of the property in an existing ditch along Highway 265. The only disturbance to this ditch will be to pipe it under the entrance drive which will not significantly impact the storm drainage along Highway 265. • Undisturbed Natural Areas — There are a few small undisturbed areas around the perimeter of the site. These areas have been left undisturbed in order to prevent the disturbance of existing trees. • Existing and Proposed Utility Connections and Extensions — An 8" sanitary sewer line is located to the west and an 8" water line is located on site on the west side of the property. We propose connecting to each of these for service. • Development and Architectural Design Standards — The building on this project is designed to project the feel and climate of a small town urban setting similar to Dickson Street, rooted in images of the French Quarter in New Orleans. • Building Elevations —Building Elevations are attached. 2 Proposed Development Phasing and Time Frame This project consists of 1 phase. This zoning approval is intended to allow construction anytime within 2 years of approval. However, construction is anticipated to occur from January, 2006 — May, 2006. Proposed Planning Areas with Proposed Zoning and Development Standards This project has only 1 planning area. The project will consist of a single 2 -story building with office / retail space and 1 residential unit on the first floor and residential units only on the second floor. Permitted uses will be City-wide Uses by right (Use Unit 1), government facilities (Use Unit 5), offices, studios, and related services (Use Unit 12), neighborhood shopping goods (Use Unit 15), shopping goods (Use Unit 16), trades and services (Use Unit 17), home occupations (Use Unit 24), professional offices (Use Unit 25), and mufti -family dwellings (Use Unit 26). Conditional uses will be City-wide Uses by conditional use (Use Unit 2), eating places (Use Unit 13), and wireless communication facilities (Use Unit 36). The residential unit density will be 7.8 units or less per acre. The office/retail space will be 12,065 SF or less. Front setbacks will be a minimum of 50 feet, side and rear setbacks will be a minimum of 3 feet. Height restrictions in this project are set at 35 feet. Materials proposed for the building are brick, hardi-board siding, metal roofing, and wrought iron railings. Analysis of the Site Characteristics No environmentally hazardous, sensitive, or natural resource areas have been found on this site. Reason for Zoning Change Request A request for a zoning change is being made on this piece of property because the property is difficult to develop under the current RMF-24 Zoning. This property is a combination of two parcels which have been combined to form an irregular shaped lot. The architect has designed the building in a way which works well with the irregular lot shape. We also feel that the proposed mixed use nicely transitions from R -O and RMF-24 of the adjacent properties while conforming to the well landscaped and sufficiently articulated buildings in surrounding developments. 3 Comparison of the Proposed Master Development Plan to the Current Zoning District Requirements Current Zoning (RMF-24) Requirements Proposed Zoning (R-PZD) Requirements Description Use Unit 1- City-wide Uses by right Use Unit 1- City-wide Uses by right Use Unit 8- Single-family dwellings Use Unit 5 - Government Facilities Use Unit 9 -Two-family dwellings Use Unit 12 - Offices, studios, etc. Use Unit 10- Three-family dwellings Use Unit 15- Neighborhood shopping Permitted Use Units Allowed Use Unit 26 - Multi -family dwellings Use Unit 16- Shopping goods Use Unit 17 -Trades and Services Use Unit 24- Home occupation Use Unit 25 - Professional offices Use Unit 26 -Multi -family dwellings Use Unit 2- City-wide uses by cond. Use permit Use Unit 2- City-wide uses by cond. use permit Use Unit 3 - Public protection and utility fac. Use Unit 13- Eating places Use Unit 4 -Cultural and recreational facilities Use Unit 36- Wireless comm. facilities Conditional Uses Use Unit 11 - Manufactured home park Use Unit 24- Home occupation Use Unit 25 - Professional offices Use Unit 36- Wireless corm. facilities Current Zoning (RMF-24) Requirements Proposed Zoning (R-PZD) Requirements Description Front Setback 25 Ft. 50 Ft. Side Setbacks 8 Ft. 3 Ft. Rear Setbacks 25 Ft. 3 Ft. Maximum Height 20 Ft. 35 Ft. Density - Units per Acre 4 to 24 7.8 (max) Lot Area Minimum Prof. Offices) 1 Acres 1.55 Acres Lot Width Minimum Prof. Offices 100 Ft. 40 Ft. Land Area per Dwelling Unit (2 BR) 2,000 SF 5,625 SF (min) Site Coverage (% covered by bldg) N /A 19.9% Note: The existing zoning of this property is RMF-24. Recreational Facilities Sweetbriar Park is located '/2 mile southwest of the project. Routh Park and Rocky Branch Park are both located approximately 1 mile south of the project. No recreational Facilities are planned on this site. 4 Relationship to the Existing and Adjacent Land Uses The property is bounded on the north and across Highway 265 to the east by R- 0 zoning and to the south and west by RMF-24 zoning. This PZD is the perfect transition between these zonings, allowing both office space and residential units. The property to the north is currently used as office space and the property to the west is a golf course development. The property to the south and to the east, across Highway 265, are currently undeveloped. Compliance with Fayetteville General Plan 2020 This development does comply with the Fayetteville General Plan 2020. Traffic Study No traffic study has yet been required for this project and we do not anticipate one being required, due to the small amount of impact this project will have on Highway 265 to the east. Impacts on City Services There are no significant impacts to city services associated with this project. Statement of Commitments Dedication and On or Off -site Improvements An additional 15' of Right -of -Way is being dedicated on Highway 265, going from a 40' Right -of -Way from centerline to a 55' Right -of -Way from Centerline. This accommodates a 110' Right -of -Way on Highway 265, as required for Principal Arterials. Natural Resources and Environmental Sensitive Areas There are no known natural resources or environmentally sensitive areas on this site. Project Phasing Restrictions The phases and estimated completion dates have been established as presented previously herein the master plan for the project. As phasing has been identified, described and approved as part of the PZD master development plan, process phasing may vary from the requirements of Chapter 166 of the UDC with regard to expiration of permits and plans. Fire Protection Paradise Point will be served by the Fayetteville Fire Department. Station 4 is located less than 2.5 miles away from Paradise Point. A new Fire Station is proposed at Routh Park 1 mile to the south of Paradise Point on Highway 265. Other Commitments Imposed by the City There are currently no other commitments imposed by the City. F? Parks, Trails and Open Space Commitments Tree preservation and protection will be implemented in accordance with the City of Fayetteville code of Ordinances Title XV Unified Development Code: Chapter 167 Tree Preservation & Protection. Landscaping within Paradise Point will be designed in accordance to the City of Fayetteville Landscape Manual which sets forth the standards and specifications for Tree Preservation, Protection and Landscaping. Building Elevations Building Elevations are attached. Development Standards, Conditions and Review Guidelines Screening and Landscaping The screening and landscaping will be provided as set forth in Section 166.09 Buffer Strips and Screening. Traffic and Circulation Design of the traffic and circulation on the project will be in accordance with Section 166 of the Unified Development Code. In order to provide better traffic circulation and connectivity, a connection to the parking area on the property directly north of Paradise Point is being proposed. This will provide an entrance / exit point on Joyce St. Discussions with the owner of that property are on -going at this time. A proposed 40' access easement is pending. Parking Standards The parking lot will be designed and constructed in accordance with the standards found in Section 172 of the Unified Development Code. Perimeter Treatment No perimeter treatment is planned. Sidewalks Sidewalks will be designed and constructed in accordance with the Master Street Plan and Section 171 of the Unified Development Code. Street Lights Street lights will be designed and constructed in accordance with the Unified Development Code. Water Water lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. An 8" water line is located to on site which we propose to connect to. Sewer Sewer lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. An 8" sanitary sewer line is located to the west of the property along the golf course which we propose to connect to. Streets and Drainage Streets and drainage will be designed and constructed in accordance with the Unified Development Code and the Master Street Plan. Tree Preservation Tree preservation and protection will be implemented in accordance with Section 167 of the Unified Development Code. Commercial Design Standards A portion of the structure proposed for this project will house office or commercial space. Therefore, the structure will comply with the commercial design standards as set forth in Section 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. Signage All signage on the project shall be permitted in accordance with R -O district criteria as set forth by Chapter 174 of the Unified Development Code. A monument sign is planned at the entrance on Highway 265 and individual office signs are planned for the office units. View Protection There is a landscape buffer to the north of the property to serve as a buffer between our project and the existing building to the north. Revocations The developer understands causes for revocation and will take all measures necessary to avoid revocation. Covenants, Trusts, and Homeowner Associations There are no covenants, trusts or Homeowner Associations associated with this project. PARADISE POINT MASTER DEVELOPMENT PLAN (R-PZD 05-1734) cK' ENGINEERING, INC. Owner / Applicant: Paradise Point, LLC 3900 Front St. Fayetteville, AR 72703 Representative: H2 Engineering 2758 Millennium Dr. Fayetteville, AR 72703 Summary Paradise Point is a PZD located in east Fayetteville on Highway 265 just south of the intersection of Highway 265 and Joyce Boulevard. We are proposing a 2 - story building with 12,065 SF of office / retail space and one 2bd/2ba residential unit on the first floor and 11 - 2bd/2ba residential units on the second floor. The building footprint will be 13,445 S.F., not including balconies or overhangs. With balconies included, the second floor will be 14,744 S.F. The property is currently zoned RMF-24, with R -O zoning to the north and RMF-24 to the south. We feel that the proposed PZD is a perfect fit between these two zonings. General Project Concept • Street and Lot Layout — This PZD is a single building with parking as required by the Unified Development Code. • Site Plan — See Master Development Plan Sheet • Buffer Areas — There is a landscape buffer to the north of the property to serve as a buffer between our project and the existing building to the north. The buffer is 12' wide with trees located every 30'. • Tree Preservation Areas — There are no existing large groupings of trees on the site that would serve as one large tree preservation area. However, great care has been taken to preserve as many existing trees as possible. Four additional trees will be planted in the detention pond to serve as mitigation for the trees that are disturbed by the development. • Storm Water Detention Areas and Drainage — Drainage flows onto the site from the northwest. This water will be diverted into a storm pipe and directed to the south end of the site and into a detention pond. This detention pond will serve to detain the water coming onto the site and the water generated on site. Strom water also travels along the east side of the property in an existing ditch along Highway 265. The only disturbance to this ditch will be to pipe it under the entrance drive which will not significantly impact the storm drainage along Highway 265. • Undisturbed Natural Areas — There are a few small undisturbed areas around the perimeter of the site. These areas have been left undisturbed in order to prevent the disturbance of existing trees. • Existing and Proposed Utility Connections and Extensions — An 8" sanitary sewer line is located to the west and an 8" water line is located on site on the west side of the property. We propose connecting to each of these for service. • Development and Architectural Design Standards — The building on this project is designed to project the feel and climate of a small town urban setting similar to Dickson Street, rooted in images of the French Quarter in New Orleans. • Building Elevations —Building Elevations are attached. 2 Proposed Development Phasing and Time Frame This project consists of 1 phase. This zoning approval is intended to allow construction anytime within 2 years of approval. However, construction is anticipated to occur from January, 2006 - May, 2006. Proposed Planning Areas with Proposed Zoning and Development Standards This project has only 1 planning area. The project will consist of a single 2 -story building with office / retail space and 1 residential unit on the first floor and residential units only on the second floor. Permitted uses will be City-wide Uses by right (Use Unit 1), government facilities (Use Unit 5), offices, studios, and related services (Use Unit 12), neighborhood shopping goods (Use Unit 15), shopping goods (Use Unit 16), trades and services (Use Unit 17), home occupations (Use Unit 24), professional offices (Use Unit 25), and multi -family dwellings (Use Unit 26). Conditional uses will be City-wide Uses by conditional use (Use Unit 2), eating places (Use Unit 13), and wireless communication facilities (Use Unit 36). The residential unit density will be 7.8 units or less per acre. The office/retail space will be 12,065 SF or less. Front setbacks will be a minimum of 50 feet, side and rear setbacks will be a minimum of 3 feet. Height restrictions in this project are set at 35 feet. Materials proposed for the building are brick, hardi-board siding, metal roofing, and wrought iron railings. Analysis of the Site Characteristics No environmentally hazardous, sensitive, or natural resource areas have been found on this site. Reason for Zoning Change Request A request for a zoning change is being made on this piece of property because the property is difficult to develop under the current RMF-24 Zoning. This property is a combination of two parcels which have been combined to form an irregular shaped lot. The architect has designed the building in a way which works well with the irregular lot shape. We also feel that the proposed mixed use nicely transitions from R -O and RMF-24 of the adjacent properties while conforming to the well landscaped and sufficiently articulated buildings in surrounding developments. 3 Comparison of the Proposed Master Development Plan to the Current Zoning District Requirements Current Zoning (RMF-24) Requirements Proposed Zoning (R-PZD) Requirements Description Use Unit 1- City-wide Uses by right Use Unit 1- City-wide Uses by right Use Unit 8- Single-family dwellings Use Unit 5- Government Facilities Use Unit 9 -Two-family dwellings Use Unit 12- Offices, studios, etc Use Unit 10- Three-family dwellings Use Unit 15- Neighborhood shopping Permitted Use Units Allowed Use Unit 26- Multi -family dwellings Use Unit 16 - Shopping goods Use Unit 17 - Trades and Services Use Unit 24- Home occupation Use Unit 25 - Professional offices Use Unit 26 -Multi -family dwellings Use Unit 2- City-wide uses by cond. Use permit Use Unit 2- City-wide uses by cond. use permit Use Unit 3 - Public protection and utility fac. Use Unit 13 - Eating places Use Unit 4- Cultural and recreational facilities Use Unit 36- Wireless comm. facilities Conditional Uses Use Unit 11 - Manufactured home park Use Unit 24 - Home occupation Use Unit 25 - Professional offices Use Unit 36- Wireless comm. facilities Current Zoning (RMF-24) Requirements Proposed Zoning (R-PZD) Requirements Description Front Setback 25 Ft. 50 Ft. Side Setbacks 8 Ft. 3 Ft. Rear Setbacks 25 Ft. 3 Ft. Maximum Height 20 Ft. 35 Ft. Density - Units per Acre 4 to 24 7.8 (max) Lot Area Minimum Prof. Offices) 1 Acres 1.55 Acres Lot Width Minimum Prof. Offices) 100 Ft. 40 Ft. Land Area per Dwelling Unit (2 BR) 2,000 SF 5,625 SF(mm) n Site Coverage (% covered by bldg N / A 19.9% Note: The existing zoning of this property is RMF-24. Recreational Facilities Sweetbriar Park is located % mile southwest of the project. Routh Park and Rocky Branch Park are both located approximately 1 mile south of the project. No recreational Facilities are planned on this site. 9 Relationship to the Existing and Adjacent Land Uses The property is bounded on the north and across Highway 265 to the east by R- 0 zoning and to the south and west by RMF-24 zoning. This PZD is the perfect transition between these zonings, allowing both office space and residential units. The property to the north is currently used as office space and the property to the west is a golf course development. The property to the south and to the east, across Highway 265, are currently undeveloped. Compliance with Fayetteville General Plan 2020 This development does comply with the Fayetteville General Plan 2020. Traffic Study No traffic study has yet been required for this project and we do not anticipate one being required, due to the small amount of impact this project will have on Highway 265 to the east. Impacts on City Services There are no significant impacts to city services associated with this project. Statement of Commitments Dedication and On or Off -site Improvements An additional 15' of Right -of -Way is being dedicated on Highway 265, going from a 40' Right -of -Way from centerline to a 55' Right -of -Way from Centerline. This accommodates a 110' Right -of -Way on Highway 265, as required for Principal Arterials. Natural Resources and Environmental Sensitive Areas There are no known natural resources or environmentally sensitive areas on this site. Project Phasing Restrictions The phases and estimated completion dates have been established as presented previously herein the master plan for the project. As phasing has been identified, described and approved as part of the PZD master development plan, process phasing may vary from the requirements of Chapter 166 of the UDC with regard to expiration of permits and plans. Fire Protection Paradise Point will be served by the Fayetteville Fire Department. Station 4 is located less than 2.5 miles away from Paradise Point. A new Fire Station is proposed at Routh Park 1 mile to the south of Paradise Point on Highway 265. Other Commitments Imposed by the City There are currently no other commitments imposed by the City. 5 Parks, Trails and Open Space Commitments Tree preservation and protection will be implemented in accordance with the City of Fayetteville code of Ordinances Title XV Unified Development Code: Chapter 167 Tree Preservation & Protection. Landscaping within Paradise Point will be designed in accordance to the City of Fayetteville Landscape Manual which sets forth the standards and specifications for Tree Preservation, Protection and Landscaping. Building Elevations Building Elevations are attached. Development Standards, Conditions and Review Guidelines Screening and Landscaping The screening and landscaping will be provided as set forth in Section 166.09 Buffer Strips and Screening. Traffic and Circulation Design of the traffic and circulation on the project will be in accordance with Section 166 of the Unified Development Code. In order to provide better traffic circulation and connectivity, a connection to the parking area on the property directly north of Paradise Point is being proposed. This will provide an entrance / exit point on Joyce St. Discussions with the owner of that property are on -going at this time. A proposed 40' access easement is pending. Parking Standards The parking lot will be designed and constructed in accordance with the standards found in Section 172 of the Unified Development Code. Perimeter Treatment No perimeter treatment is planned. Sidewalks Sidewalks will be designed and constructed in accordance with the Master Street Plan and Section 171 of the Unified Development Code. Street Lights Street lights will be designed and constructed in accordance with the Unified. Development Code. Water Water lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. An 8" water line is located to on site which we propose to connect to. 3 Sewer Sewer lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. An 8" sanitary sewer line is located to the west of the property along the golf course which we propose to connect to. Streets and Drainage Streets and drainage will be designed and constructed in accordance with the Unified Development Code and the Master Street Plan. Tree Preservation Tree preservation and protection will be implemented in accordance with Section 167 of the Unified Development Code. Commercial Design Standards A portion of the structure proposed for this project will house office or commercial space. Therefore, the structure will comply with the commercial design standards as set forth in Section 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. Signage All signage on the project shall be permitted in accordance with R-0 district criteria as set forth by Chapter 174 of the Unified Development Code. A monument sign is planned at the entrance on Highway 265 and individual office signs are planned for the office units. View Protection There is a landscape buffer to the north of the property to serve as a buffer between our project and the existing building to the north. Revocations The developer understands causes for revocation and will take all measures necessary to avoid revocation. Covenants, Trusts, and Homeowner Associations There are no covenants, trusts or Homeowner Associations associated with this project. I__ I II fl � 0 1 D] LLp �l1?Ca � C r' I' 1111111/ - :=I a? . �_ Ism. eLJ I �QI I I! qq a•:a ijUJI • - - - - .• .__ r. I • ...• - _ - _ • • • . - - - - - , IJt, Ihre• [, - ie:o L fit 1 ^ece 4i S. !II1PT1 i2 • 71 bhra.. MY Rai •• -__ bib. cr:j 11 • j. Ii 3yi-. C i If ti .v Li F 1 nE:e II _. .e i. Clarice Pearman - Ord. 4812, 4813, 4815, 4816 & 4817 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 1/6/06 5:17PM Subject: Ord. 4812, 4813, 4815, 4816 & 4817 Jeremy, Attached are the ordinances passed by City Council, January 3, 2006. CC: Bell, Peggy; Deaton, Vicki NORTHWEST ARKANSAS EDITION AFFIDAVIT OF PUBLICATION I, Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: _____________________-was inserted in the regular editions on ,c0 PO# ** Publication Charge: $ Subscribed and sworn to ``jday of me this Notary Public Sharlene D. Williams Notary Public My Commission Expires: . State „f Arkansas My Commission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE. ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 4813 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R -Pm 05- 1734, PAMDSE POINT, LOCATED WEST OF ERe reville, CROSSOVER. SOUTHIM JOYCE BOULEVARD, CONTAINING APPROXIMATELY 1.55 ACRES: .ARKANSAS AMENDING THE OFFICIAL ZONING. MAP OF THE• . CITY OF FAVE; AND ADOPTING THE ASSO- CIATED MASTER DEVELOPMENT PLAN BE IT ORDAINED BY THE CRT COUNCIL OP.TIE CITY OF FAYETTIVILLE, APRAIgASi Section 1: That the zone dassificetion of the following descrlbed pOpgty Is hereby charged as toluv9: From RMF-24, Resoentlal MWi-FarNy, 24 tilts Per sae, to R-PZD 05-1734 as shavn n E t-dAl -.ettacteo hereto and made a part hereof. .. SecUcn 3:That MIS Ordinan shah take effect and be in 1W face at such One as all of Oe regmernerty of the master de.doprnant pen have been net. Sector 4: That are omod zoning map of the Oty of Fayettev®e, Arkcnsas. '4 hereby amerced to railed the zatlng doge p vidod In Section 1 abo'm. RUUD end APPROVED ffta 3rd day of January, 2008. APPROVED: By:' DAN COODT, Naw ATTEST: 1. BY SONDRA SMRN, CUV CMdi 3 D MDP R-PZD PZD 05-1734 LOTS 1 AND 2 OF ANAL PLAT OF SEXTON POINT, RAT RECORD 13-23. CITY OF FAYEfTEVILLE, WASHINGTON COUNTY, ARKANSAS. MORE PARTICIL ARY DESCRIBED AS FOL0WS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 THENCE NO2o25'38'E 184.24 FEET, THENCE S88°07'29'E 10.49 FEED, THENCE N02°11.58 -E 4.23 FEET, THENCE S8T38'29'E 55.34 • FEET,' THENCE S23°38'08'E 99.87 FEET: THENCE S8807 -E 248.30 FEET TO THE WEST RIGHT- OF-WAY OF ARKANSAS HPGHWAY 265; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOIi' LOWING THREE COURSES: THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93 FOOT RADIUS AND A S1D'53'03'W 134.55 FOOT CHORD; THENCE S15°14'01 W 122.74 FEET,' THENCE 45.11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175.73 FOOT RADIUS AND A 513°38'43W 45.10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHT -OF WAY N88 33'20'W 40.99 FEET: THENCE N2T47'51 'W 234.05 FEET: THENCE N85°55'23W 139.87 FEET TO THE POINT OFIBEGINNING, CONTAINING 1.55 ACRES. MORE OR LESS. METAL CAP ..-. , .- .? METAL GAP _,� .._,_,,,_,_,((�� i E3FITK �Q "``� PAINFFD HARM-- t'.-"—fi _' �-. —� ��---- - _.__.- METAL ROOF -.. ^'.UOF LAF e,IL71NG -r _ L .. ME AI_ ROOF I BRICK BRICK - '.R( K ICI �� i11 :: i I ,;I I I II �Iall � I�1 - i I _r r.. 1 .T.1:7TT.T ...11. - >: - -- ----: II -::. ._._ -_. ...� I i III r- ,II � � (', ,L I r I t 4 : IIIIII ..i it I III=171,11 �I r xI III. I i i I Ir.!: �xw:II1} II.i r I , . ,��...�. .:_.. !: it � p �..: .....�. .... /1pp L m, r,� y('I . II ry : n: I I I I II I I I I I I � I s I, _ II 4 I I1. I + . II r Y:..w� _.-.. r,u'r' I::l.l r::,....��� 4 f,�:: l t�ON 4 _ _._ r WNih16 WN NG - '- __.v.. .a .....: ,..� .,: /, ., ,..:. .. n, ,_ ^�0 rwu ..�...• rv..mw...r _ _ n ., O : r..... r ...�.<a a r : .a..�ar '"--TT-..... e — ..-.tea=f-'"..l:n:. ---• —• <i ,wmv.m .., : : v:: I:'.': �♦ Vr a �.. _.. ._m �� . i.M ` � )\'ry .: Wit, v n.:p : K . �r T, vS�i Y} , L_.3 m.m :'�: r r rovlrvwm� im: Tm= -i'Tn ray: � w �5'>7t: t ^ 1 ., 1 rry-.......�.� ._ . Y a / / �/ /S /// mm lnv!rvW°-Yax nnIWO M F -- {Y ♦ Wr "a \flRO] - _: �'. _ __ - _ —�� WRPU6F f GI ...I .� � uiro*- 4 wwx.: - kr'.mx v -.._ aawnu ..._--.. ," :'' "•• ...., , n.-- _._... -.� .- ...ve�nmry � .- - .se..-aw..m---nom PThP PAINTED. STORE FRONT PAlN l TORE FRONT PAINTED"' . Sit. t:'OL. SHEIT r' t g,t ram, o�rva, PERMITTED USES UNIT DESCRIPTION UNIT I CITY-WIDE USES BY RIGHT UNIT 5 GOVERNMENT FACILITIES UNIT 12 OFFICES, STUDIOS, AND RELATED SERVICES UNIT 15 NEIGHBORHOOD SHOPPING GOODS UNIT 16 SHOPPING GOODS UNIT 17 TRADES AND SERVICES UNIT 24 HOME OCCUPATIONS UNIT 25 PROFESSIONAL OFFICES UNIT 26 MULTI -FAMILY DWELLINGS CONDITIONAL USES UNIT DESCRIPTION UNIT 2 CITY-WIDE USES BY CONDITIONAL USE PERMIT - UNIT 13 EATING PLACES UNIT 36 WIRELESS COMMUNICATIONS FACILITIES LAND USE DENSITY / INTENSITY TOTAL SITE AREA: 1.55 ACRES TOTAL NUMBER OF RESIDENTIAL UNITS: 12 RESIDENTIAL: 7.8 UNITS / ACRE (MAX.) OFFICE: 12,065 S.F. AREA REGULATIONS: LOT WIDTH MINIMUM: 40 FT LOT AREA MINIMUM: 1.55 ACRES LAND AREA PER DWELLING: MIN. 0.12 ACRES / DWELLING SETBACK REQUIREMENTS FRONT: 50 FT SIDE: 3 FT REAR: 3 FT HEIGHT 35 FT MAX. HEIGHT BUILDING AREA 19.9% OF SITE LANDSCAPING TREES REQUIRED TO BE PLANT ED ON 30 FT CENTERS TERS ALONG STREET RIGHT OF WAY. I TREE REQUIRED PER ISLAND IN PARKING LOT. PARKING FIRST FLOOR (RETAIL): 12_,065 S.F. = 49 SPACES (I SPACE/250 S.F.) 1,380 S.F. = I - 2 BEDROOM UNIT = 2 SPACES (2 SPACES/UNIT) SECOND FLOOR (RESIDENTIAL): 14,744 S.F. (INCLUDING BALCONIES) II - 2 BEDROOM UNITS = 22 SPACES (2 SPACES/UNIT) TOTAL SPACES REQUIRED: 73 SPACES MINIMUM NUMBER OF SPACES ALLOWED: 52 SPACES MAXIMUM NUMBER OF SPACES ALLOWED: 95 SPACES TOTAL SPACES PROVIDED: 55 SPACES HANDICAP PARKING REQUIRED: 3 SPACES HANDICAP PARKING PROVIDED: 3 SPACES LAND USE TABLE 9' OF SYMBOL LAND USE DENSITY UNITS ACRES BUILDING SPACE RES RESIDENTIAL 78 12 1.55 559" (TOTAL) OFF OFFICE. SPACE N/A 12,065 459' S.F. FOUND IRON PIN SET IRON PIN ({7 FIRE HYDRANT © SANITARY SEWER MANHOLE WATER LINE SANITARY SEWER LINE x EXISTING FENCE -- EASEMENT LINE = __ - DRAINAGE PIPE EXISTING CONTOUR P.Q.R.1/ / /// II PROPOSED ACCESS EASEMENT IP I //i; - I i I I N 02)11'66"E 4e23' 67" 6'2 a,E S 07'29"E 10.49' 5 34L. AGM a 1 fr SX�� e. 7zaa.125oM m _ .�\�` , ', '\ ''� _-.. LANDSCAPED a=,zaasa(µ-S)s'nr BUFFER m �\ i i QY D z 1 91ERA K5 / K G 5 7V)N EEsIr _ --- �il) N.T.S. Ix r x /� f f �� claEv ucx L x vnt _. t1 I [ I — SHEParazta LN f rua: le ; �9 R } ----- j Th J.. L U j' �J ICJ�.�M.4 MST A �J \� m� n jl JIy^aFTI,RIds �� n \ . _ ' ? � /I,� rnce.ourav�,RFs �} V CT � I II L CTI N L ±._4LIL _rr .-�R zF jl SF v oMc� j1._.r— -... �a*'+oalc _) JI B' ,I�:� V' a C -'� ' J a A;JCF' ,I EL t7FW9 S!-07RE \ Si CLAlk£ .._ AVE.. / t FFR>../%.... r ,1MMCLF 1�.•)1,Pd65 fm l a? : S1t41';_QN ' 7' —__. ., DON PL\ LPL THORa�lillj �I/ a. _ _ -{.; -Th I L S' 1L n1aD� �� m D_ ) 7 ROAD sip �' 1 �� kc. � .q`a e'_J 1F °�Xl II ..�_-... -- -t'BL°:L3fiK;.(_--u S._ °�' GENERAL PROVISIONS AUTHORITY THIS PZD MASTER DEVELOPMENT PLAN IS AUTHORIZED BY SECTIONS 161 AND 166 - PLANNED ZONING DISTRICTS OF THE CITY OF: FAYETTEVILLE UNIFIED DEVELOPMENT CODE. THE PROVISIONS OF THIS PZD MASTER DEVELOPMENT PLAN SHALL RUN WITH THE LAND. THE LANDOWNERS, THEIR SUCCESSORS, HEIRS, OR ASSIGNS SHALL BE BOUND BY THIS MASTER DEVELOPMENT PLAN, AS AMENDED AND APPROVED BY THE CITY COUNCIL. ADOPTION THE ADOPTION OF THIS PZD MASTER DEVELOPMENT PLAN SHALL EVIDENCE THE FINDINGS AND DECISION OF THE FAYETTEVILLE ! T MLLE CITY COUNCIL UNCII_ THAT THIS PLANNED ZON ING DISTRICT FOR PARADISE POINT IS IN GENERAL CONFORMITY WITH THE FAYETTEVILLE GENERAL_ PLAN 2020; IS AUTHORIZED BY THE PROVISIONS OF SECTIONS 161 AND 166 OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE. F S$�•�Qp7Az'a , THE PROVISIONS OF THIS PZD MASTER DEVELOPMENT PLAN SHALL PREVAIL AND GOVERN THE DEVELOPMENT (; A X48.30 �, ! OF PARADISE POINT, PROVIDED, HOWEVER, ' THAT WHERE THE PROVISI ONS OF THIS MASTER DEVELOPMENT SOLID PLANDO NOT ADDRESS A PARTICULAR SUBJECT,THE iii MN.W SCREEN P2iT_ , _-----__ ,,. .. . _... _, RELEVANT PROVISIONS OF T HE CITY OF Z � _ fFNC • I e v FAYE EVI man zanoo _ _- TT LLE UNIFIED ,£_V_L L FIL_ ) , OPM N T D C T CODE, AS IAMENDED, IA o _ 1 ANY OTHER xAPPLICABLE rRESOLUTIONS OR m t.J@0.S N FL S iM' 'J RCGULATIONS OF THE CITY OF FAYCTTEVILLE, ,SHALT_ BE APPLICABI_.E. V FREE STANDING FDC-. LO EXTEND 3" WATER - SERVICE LINE TO BUILDING 2 RE-ROUTE EXISTING WATER LINE AS SHOWN. LU 1O 1 F\/VU L l/1- If7C 1-1NLIL ,VLA/ (It JtA (UN J'UINI, t'LAI 11t(.U9dU 13-L3, LiIY OF \ ) \ FA YE TTEVILLE, WASHING TON' COUNTY, ARKANSAS, MORE PARTICIJLARL.Y DESCRIBED AS \ FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT I ~ ; THENCE88° 758 9E 4 1 .49 FEET; ET; THENCE N �r* v� THENCE S 87°38'29"E 55.34 FEET; THENCE S 23°38'06"E 99.87 FEET;. THENCE S 86°0007"E 248.30 FEET TO THE WEST RIGHT-OF-WAY OF ARKANSAS HIGHWAY 265; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES: \c ti THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93 FOOT RADIUS AND A S I0°53'03"W 134.55 FOOT CHORD; , THENCE S 15°14'01W 122.74 FEET; 9240 THENCE 45.11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175.73 FOOT RADIUS AND Sao-YR. W.S.E'-- A S 13°38'43"W 45.10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHT-OF-WAY N 86°33'20"W 40.99 FEET; N THENCE N 28°47'51"W 2.34.05 FEET; THENCE N 85°55'23"W 139.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1.55 ACRES, MORE OR LESS. /. N 86®33 0 w 40099' V /12 TO FURTHER THE MUTUAL. INTEREST OF THE RESIDENTS, OCCUPANTS, AND OWNERS OF THE PZD MASTER DEVELOPMENT PLAN AND OF THE PUBLIC IN THE PRESERVATION OF THE INTEGRITY OF THE PLAN, THE PROVISIONS OF THIS PLAN F?ELATING TO THE USE OF LAND, STATEMENT OF COMMITMENTS, DEVELOPMENT AND ARCHITECTURAL STANDARDS, AND THE LOCATION OF COMMON OPEN SPACE SHALL RUN IN FAVOR OF THE CITY OF FAYETTEVILLE AND SHALL BE ENFORCEABLE AT LAW OR IN EQUITY BY THE CITY WITHOUT LIMITATION ON ANY POWER OR REGULATION OTHERWISE_ GRANTED BY LAW. CONFLICT WHERE THERE IS MORE THAN ONE PROVISION WITHIN THE PZD MASTER DEVELOPMENT PLAN THAT COVERS THE ,SAME SUBJECT MATTER, THE PROVISION WHICH IS MOST RESTRICTIVE OR IMPOSES HIGHER STANDARDS OR REQUIREMENTS SHALL GOVERN UNLESS DETERMINED OTHERWISE BY THE ZONING AND DEVELOPMENT ADMINISTRATOR. MAXIMUM LEVEL OF DEVELOPMENT THE TOTAL NUMBER OF DWELLINGS OR THE TOTAL COMMERCIAL, BUSINESS, OR INDUSTRIAL.. INTENSITY APPROVE D FOR DEVELOPMENT DEVELOPMENT WITHIN THE PLANNIN G AREAS IS THE MAXIMUM REQUESTED FOR PLATTING OR CONSTRUCTION. THE ACTUAL NUMBER OF DWELLINGS OR LEVEL OF DEVELOPMENT FOR COMMERCIAL, BUSINESS, OR INDUSTRIAL PROPERTIES MAY BE LESS DUE TO SUBDIVISION OR SITE IMPROVEMENT PLAN REQUIREMENTS OR OTHER REQUIREMENTS OF THE CITY COUNCIL. G PROJECT TRACKING AT THE TIME OF SUBDIVISION FINAL PLAT OR LARGE SCALE DEVELOPMENT THE APPLICANT SHALL PROVIDE A SUMMARY OF THE DEVELOPMENT, TO DATE, TO THE PLANNING DIVISION, IN ORDER TO ASSURE MAXIMUM DEVELOPMENT LIMITS ARE NOT EXCEEDED. 2 OWNER:. PARADISE POINT, LLC, 3900 FRONT ST. FAYETTEVILLE, AR 72703 ENGINEER/1 REPRESENTATIVE: H2 ENGINEERING, INC. 2758 MILLENNIUM DR. SUITE #1 FAYETTEVILLE, AR 72703 GRAPHIC SCALE 30 0 5 30 60 120 ( IN FEET ) i inch = 30 ft, na 1 yv , 2758 MII I FNNIUM DRIVE Suite -1 FAYETTEVILLE ARKANSAS 72703 PHONE: (479) 582-47;34 FAX: (479) s£D:S -c425`B'r, ACCESS P•O^B,1/ I I I I I/ _ I//i 7!.... I... . .: 11 I PARCEL; 765-13247-000 COVAN, CAN AR LIMITED LIABILITY CO. c/o JASM4 COLE 4401 L EDR. SPRI BOBQNGD, LE, AR 72764 ZONING: ' R-0 \� S 88`d0729E 90t4i \ - A 5,34' N afi =12 FL= R=125n.61 FLm124470 (6)B"IMP. R 1244.54 (N-S)ti' w PARCEL 765-13249-009 CHARLES PROCTOR HANEY BOX 204301 AUSTIN, TX 78727 ZONING: RMF-24 C SOUR - R MAMW SCREEN TOP E=124&80 FE!9CL En1244.n3 (r4S}Ff}.1'Ir STAV4E FREE STANDING L'OC-4. EXTEND 3" WATER SERVICE ONE TO col BUILDING 0 RE-ROUTE EXISTING WATER LINE AS SHOWN. 7" BIKE RACK REQUIREMENTS: BIKE RACKS REQUIRED: 3 BIKE RACKS PROVIDED: 3 --- 1 - SITE COVERAGE: TOTAL: 67,518 S.F. (1.55 ACRES) BUILDINGS: 13,445 S.F. (19.9%) PROPOSED SIDEWALKS/ PAVEMENT: 30,079 S.F. (44.5% ACCESS A GREENSPACE: 23,994 S.F. (35.6%) EASEMENT x'116 \ 3 BIKE RA' '4 ' SITE AREA IMPERVIOUS AREA 43,887 S.F. PERVIOUS AREA 23,631 S.F. ri PARCEL: 765-13250-000 JOYCE STREET PROPERTIES, LLCAN ARKANSAS LIMITED LIABILITY CO. ATTN: DR. JAMES MOORE P.O. BOX 1608 FAYETTEVILLE, AR 72702 ZONING: C-1 DESCRIPTION: LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13 23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 THENCE N 02^25'36"E 184.24 FEET; THENCE S 8807'29"E 10.49 FEET; THENCE N 02°11'58"E 4.23 FEET; THENCE S 87'38'29"E 55.34 FEET; THENCE S 23°38'06"E 99,87 FEET; , „ THENCE S MOW7 E 248.30 FEET TO THE WEST RICH f - OF -WAY OF ARKANSAS HIGHWAY 265; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES: THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93 FOOT RADIUS AND A S 1053'03"W 134.55 FOOT CHORD; THENCE S 15°14'01"W 122.74 FEET; THENCE 45.11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175.73 FOOT RADIUS AND A S 13^38'43"W 45.10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHT-OF-WAY N 86`33'20"W 40.99 FEET; THENCE N 28^47'51"W 234.05 FEET; THENCE N 85°55'23"W 139.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1.55 ACRES, MORE OR LESS. FLOOD STATEMENT THIS PROPERTY IS NOT WITHIN A SPECIAL FLOOD ZONE AS DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAPS FOR WASHINGTON COUNTY, ARKANSAS. MAP NUMBER 051400092 D, EFFECTIVE DATE JULY, 21, 1999, PARCEL: 765-13249-050 WETLANDS NOTE JOYCE STREET PROPERTIES, LLCAN ARKANSAS LIMITED LIABILITY CO. F O. BOX. JAMES MOORE I THE AREA OF THIS PROPOSED ADDITION IS NOT LOCATED ON OR NEAR FAYETTEVILLE, AR 72702 ANY KNOWN DESIGNATED WETLANDS. \ ;: - -- S 248.30' 110 In NK \.. .. rt " - +V r r 4" r r � . .r4}ANY y � • Y �� C`�,�,gyi�i!`�LS�Y'S _ ' .,�yv�R��i"q,�eiTy:}`%`.S,��M1tY�tiy'..iPi1#Y 'L.�,^�{fWF �• ` �. F I `,�('t,,,a��yk,Ja,;u,+\Y # ,ns. � A ;• S. S �� k�1, 4`�'1, �'4'456[��l'A{f V'..'+iM Y�, A�'� �^•, (�� �\ 1. a T. J rr 1 � pi V.. a.. • 1 r L E G E N D I RGAn ---------------------------- • FOUND IRON PIN � �� ® SET IRON PIN -' ;o-gtuEYsuulcl.F v AU"RIE DR FIRE HYDRANT d SHEPHZBDLN _ F R SANITARY SEWER MANHOLE U VDRT _ _ _ WATER LINE � Q ( (t P._.J ii SANITARY SEWER LINE ; ) smMis / Dlt X EXISTING FENCE / 265 ��®� OF EASEMENT LINE 11 u taLevARD �f b -- N -___ — — __ = DRAINAGE PIPE II I /� m {`' ENGINEERING � INCORPORATED -. EXISTING CONTOUR PRO CT I N0IIQ5 PROPOSED CONTOUR pn ± .. II Tf °o �� . 1L TEE saN wLLNE< LN ®'®44SAS EN�Y'�®�® /IT G _.._l FIRE HYDRANTj��.J saga ❑ i fir;�l ►aeRa�MM° � Checked by. Drawnby PMM 4 TRASH DUMPSTER x 3 f p — ° R( y , BIRDIE .. Scale: rr r n LL 2 L ,i ( Elonzonial . 1 90 rk.' -- -_� ----('R � Vertical Scale. n/a �^^ EXISTING TREE X =REMOVE �� ) ( ) r_ waD R PL J' T �` S ` Date:07SEP05 DFVONSITYP.E I 4.e. ALICE 1I ial PL . . (` i�2 —'_' r, .._ A.R -CT r Revisions: �•�'�� e x' ` 547MBLF._ 11 ANG".s'�TQN a N '( . SWNRON -.`. -"- 4C°") PROPOSED PARKING LOT TREE --- DOM PL \�P` 1IKRNHKL 1 p. 1 :_: u ( 09NOV05 - TECH PLAT REVISIONS __ . ...I I_. Br, Tu Etn 8 ROPE➢ ? \ ___ % 21 NOV05 - SUHD. COM. REVISIONS Bce i A _ II y, I( srR oK1 /&his. R CREEK DR J L. J\ � 4 I 01 DEC05 PI ANNING. COM. REVISIONS a ✓� kOI.F ERRpi, -` CREEK DR F37OL \C (>>, w , ...__ .._ _ i._-.: _ .._________________________________ BRIARCOFF ��_ cl ..,� 111 —'7 ,' f a PROPOSED SHRUBS 71 t4 a�� cDRTtANn �� LI Ci PLo ect Number: c Plat Pana177 I\.. .1 7/ H 4 ( � I . :t >C: / /f 1/ / . / 1 •/ ...... 3/4" NriON SRNOT tix-' [ ( MrKRLV.-SEE nYOE 4) e' SLIH KNTI11 miH STRR KNOT. I 41 W 1 7)M B" IARCF.R TNid T2EE Dt METhA "' 0 WOTCROV.WIO f 2BE AT FMRkI GRA!lE 31' KED' WLCH AOAY FRO 5 . 1 j02 p TI9MK 9^ Ti 2" ,—�.i , . mI ^ 1 I Ala RWM'rN(E BOTSI 9^ A6IMMIN MYFR OF AftiLFN -'-n e+.' W R F_ MTHI cuAR Q) 3/B" HME ROOK F w m,. SRI w ONE mm STRAP Iln T w 6 4^ MARt1N4 19tll DATER �,.. I , 1 w (? e BERM MIF.4ON OF BOcRIL v >w 4 + i A, Q I rttlNl GRAOB > n3 f r ?, r :,7--- a ._. ('f� y �. ca, Ir / '� ��N�� IMDLSNRAED SOIL ,�1i11 �` `i r _ ,ffu'1I�I, NN.) LT { dl . I f i a o a 0 - Iff� ll� �a.tl 'r>^{ Lt m, ,t a i I I s ce , I :_ �. I O_ 4 M 4. N RE!#NE Tf,Y.^.AI. IXfxTS 54U. a rr 1= IA.0.YRlM. 1dl% AS SP[MFlFA) / / OE 11 Ljf! ,�4 3? i illlr ,� °_,• ybt; �. ..a, �I L wANrs rrn4 uMtE m)I Ir _r (iiL �i / 'I MW N4Y NAAS(MN& M. e B NWT L Ok B 8 ' 1' , ! - R6M[M'E AIR 2/3 OF MIRE ---VARIES j BA$ T YM1IERE MIE . ;"' R4LSE HIT ROO MI ill SET B4IHILES5 RMB9--- `.,,,-` vn I � AT TIE WRRi.VT NF.If,HL. FIWH SOIL LMEiR ROOT FALL <.{; .+ 7 � / NOTES: s i REMOVE WIRE OR NYLON TWINE FROM BALL. ' C _ ' / I , / / SOAK ROOT BALL AND PLANT PIT IMMEDIATELY AFTER INSTALLATION. / ( d / y ; T4 -/c1]' S3 a SYMBOL SPECIES NIJM. SIZE QTY NORTHERN RED OAK 1 >2" 8 PIN OAK 1 >2" 13 0 PROPOSED SHRUBS 1 >1" 73 RIVER BIRCH 1 >2" 4 11 / GRAPHIC SCALE / 30 0 15 30 60 120 1/ I.// //H// L rl T13 24' Oak 15'.. Good HIGH Remove In Building T14 %�0` Oak �- 15' .tiGood Mm Rrmnve in PnrkInn Arco SITE AREA f671518 15 EXISTING TREE CANOPY741 I 3 -CANOPY PRESERVED 63 MITIGATION CANOPY ^-� PRIORITY DESIGNATION DENSITY FACTOR 707 S.F. HIGH LEVFI. 218 S.F. 2669 S.F. MIDLEVEL 290S.F_ __-5103 sr. LOW LEVEL 436 S.F. TOTAL ON -SITE MITIGATION PRO`✓IDED: IIOGHLLVEL @) RIVER BIRCHES OTHERS TO BE DETERMINED LATER ORANGE FENCE, WRE MESH ' I 8' MAX, SPACE DRIPLINE I FENCE LOCAT1ON (LIMITS OF CRITICAL ROOT ZONE) �—��— RADIUS = 1 FT PER INCH OF TRUNK DIA, TREE PROTECTION ! T / 1 inch = 30 ft. CITY OF FAYETTEVILLE STANDARD NOTES FOR TREE AND NATURAL AREA PROTECTION / I / 1 I. ALL TREES AND NATURAL AREAS SHOWN ON THIS PLAN TO BE PRESERVED SHALL BE C. WHERE TREES ARE CLOSE TO PROPOSED BUILDINGS, ERECT THE FENCE TO ALLOW 6 TO 10 / / / PROTECTED DURING CONSTRUCTION WITH TEMPORARY FENCING. FEET OF WORK SPACE BETWEEN THE ' FENCE AND THE BUILDING. K. I % D. WHERE THERE ARE SEVERE SPACE CONSTRAINTS DLIF TO TRACT SIZE OR OTHER SPECIAL "` k l / V 2. PROTECTIVE FENCES SHALL BE ERECTED ACCORDING TO CITY OF FAYETTEVILLE REQUIREMENTS. - '"" / I I P' . STANDARDS FOR TREE PROTECTION. la 7. WHERE ANY OF THE ABOVE EXCEPTIONS RESULT IN A FENCE BEING CLOSER THEN 4 FEET TO A ' / 3. PROTECTIVE FENCES SHALL BE INSTALLED PRIOR TO THE START OF ANY SI7k TREE TRUNK, PROTECT' THE TRUNK WITH STRAPPED ON PLANKING TO A HEIGHT OF 8 FEET (OR J , / / / PREPARATION WORK AND SHALL BE MAINTAINED THROUGHOUT ALL PHASES OF THE LIMITS OF LOWER BRANCHING) IN ADDITION TO THE REDUCED FENCING PROVIDED. 1 / / ' 1 CONSTRUCTION PROJECT. 8. TREES APPROVED FOR REMOVAL SHALL BE REMOVED IN A MANNER WHICH DOES NOT IMPACT 1 4. EROSION AND SEDIMENTATION CONTROL BARRIERS SHALL BE INSTALLED OR MAINTAINED TREES TO BE PRESERVED. / !! 4.C da(p / /; X I IN A MANNER WHICH DOES NOT RESULT IN SOIL. BUILD-UP WITHIN TREE DRIPLINES. PAGE PAGES er I 0 - I 9. ANY ROOTS EXPOSED BY CONSTRUCTION ACTIVITY SHALL BE PRUNED FLUSH WITH THE SOIL. s. PROTECTIVE FE . ro .NOES SHALL S RROUND TREES U THE OR GROUP OF TREES, AND ' o x WILL BE S}7B. rACKF111. ROOT AREAS ar r> A WI TH GOOD QuaL.ITY [OP ! SOIL AS SOON AS PO S oS, IICNAR / of N I LOCATED AT THE DRIPLINE, FOR NATLIF2N_ AREAS, PI207ECTIVE FENCES SHALL. FOLLOW THE AREAS AREA NOT BACKFII_L_ED WITH IN 2 DAYS COVER THEM WITH ORGANIC MATERIAL N A MANNER 2 of $i' I m n I LIMIT or CONSTRUCTION LINE, IN ORDER TO PREVENT THE FOLLOWING: WHICH REDUCES SOIL TEMPERATURE AND MINIMIZES WATER LOSS DUE TO EVAPORATION. OAOSL,O t / A. SOIL COMPACTION IN THE ROOT ZONE AREA RESULTING FROM VEHICULAR TRAFFIC Ord � J ^ZILd ORSTORAGF_OFEQUIPMENT. FI2 PROJECT NUMBER: D5-035 y 0 10. ANY TRENCHING REQUIRED FOR THE INSTALLATION OF LANDSCAPE IRRIGATION SHALL BE PLACED / I OOO w o 1 R. ROOT ZONE DISTURBANCES DUE TO GRADE CHANGES (GREATER THAN 6") OR AS FAR FROM EXISTING TREE TRUNK AS POSSIBLE. / 1•,ru-a-?m I TRENCHING NOT REVIEWED BY CITY ARBORIST. ..wLd> •• C. WOUNDS TO EXPOSED ROOTS, TRUNK OR LIMBS BY MECHANICAL EQUIPMENT. II. NO LANDSCAPE TOPSOIL DRESSING GREATER THAN 4 INCHES SHALL BE PERMITTED WITHIN THE /' / re �yz / D. OTHER ACTIVITIES DETRIMENTAL. TO TREES SUCH AS CHEMICAL STORAGE, CEMENT DRIPLINE OF TREES. NO SOIL IS PERMITTED ON THE ROOT FLARE OF ANY TREE / . 0 0 - / TRUCK CLEANING, & FIRES. ao'n ,a. 12_ PRUNING TO PROVIDE CLEARANCE FOR STRUCTURES VEHICULAR TRAFFIC, AND EQUIPMENT SHALL ! / 6. EXCEPTIONS TO INSTALLING FENCES AT TREE DRIPLINES MAY BE PERMITTED IN THE TAKE PLACE BEFORE CONSTRUCTION BEGINS. ' / ;/ FOLLOWING CASES: ® ' 9 NC / A. WHERE THERE IS TO BE AN APPROVED GRADE CHANGE, IMPERMEABLE PAVING 13. ALL FINISHED PRUN N > MUST ACCORDING I C L ST BE DONE ATO RECOGNIZED, APPROVED STANDARDS OF THE ,_ _ / SURFACE, TREE WELL, OR OTHER SUCH SITE DEVELOPMENT. l_7..>Ei MIL L-.. Ei: NNIUM I?r4fVE_ \ / INDUSTRY (REFERENCE THE NATIONAL ARBOR/ST ASSOCIATION PRUNING STANDARDS FOR SItADE TREES r. B. WHERE PERMEABLE PAVING IS TO BE INSTALLED WITHIN A TREE DRIPLINE ERECTAVAILABLE_ r- i \`/ \ 7 /.: / - UPON REQUEST FROM THE CITY ARHORIa I -j. I" AYETTEVII_I_E, ARKANSAS 72703 �. THE FENCE AT ' THE OUTER LIMITS OF THE PERMEARL.E PAVING AREA (PRIOR TO SITE Ip' ` I > .1. / GRADING SO THAT THIS AREA IS GRADED SEPARATELY PRIOR TO PAVING INSTALLA FION TO 14. DEVIATIONS FROM THE ABOVE N07FS MAY BE CONSIDERED ORDINANCE VIOLATIONS IF THERE IS P1-10NE: (479) 582-4234 1 i 1 T o / - . MINIMIZE ROOT DAMAGE). SUBSTANTIAL. NON-COMPLIANCE OR IF A TREE SUSTAINS DAMAGE AS A RESULT. F'AX: (479-)) E3E32- i2'_S 4